Florida Statutes 720.3075: HOA Prohibited Clauses and Limits

Quick Answer

Section 720.3075 lists what a Florida HOA's governing documents may not do. It voids developer clauses that let the developer unilaterally amend documents after turnover, block the association from suing the developer, or cast more than one vote per lot after turnover. It also bars documents from precluding flags, certain utility energy sources and appliances, vehicle parking in the owner's driveway, contractors without a preferred-vendor listing or license, and Florida-friendly landscaping.

The latest acts in the history line are chapter 2024-186, chapter 2024-221 (HB 1203) and chapter 2025-6.

At a Glance

What the Law Says

Developer clauses, subsections (1), (2) and (5)

Public policy prohibits including or enforcing clauses that have the effect of or provide that:

• A developer has the "unilateral ability and right to make changes" to the association documents after transition of control under section 720.307.
• The association is prohibited or restricted from filing a lawsuit against the developer.
• After transition, a developer is entitled to cast more than one vote per residential lot.

Such clauses are null and void. Subsection (2) applies the policy to clauses created on or after the effective date of section 3, chapter 98-261. Subsection (5) adds that before transition, a developer's right to amend is "subject to a test of reasonableness," which prohibits amendments that are arbitrary, capricious or in bad faith, destroy the general plan of development, prejudice existing members' use of common property, or "materially shift economic burdens from the developer to the existing nondeveloper members."

What documents may not preclude, subsection (3)

• (a) The display of up to two portable, removable flags described in section 720.304(2)(a), displayed respectfully consistent with 36 U.S.C. chapter 10.
• (b) Types or fuel sources of energy that regulated utilities, certain public-power entities, natural gas utilities or LP gas dealers are authorized to serve in the association.
• (c) Use of an appliance, including a stove or grill, using those energy types.
• (d) Parking a personal vehicle, including a pickup truck, in the owner's driveway or other area where the owner has a right to park; and parking a work vehicle that is not a commercial motor vehicle (section 320.01(25)) in the driveway "regardless of any official insignia or visible designation."
• (e) Inviting or hiring a contractor "solely because the contractor or worker is not on a preferred vendor list," or lacks a professional or occupational license. The association "may not require a contractor or worker to present or prove possession of a professional or an occupational license."
• (f) Operating a non-commercial vehicle in conformance with state traffic laws on public roads or rights-of-way or the owner's parcel.

Landscaping and discriminatory restrictions

Subsection (4)(b) bars documents that "prohibit or be enforced so as to prohibit" Florida-friendly landscaping as defined in section 373.185, or that conflict with part II of chapter 373 or a water shortage order or consumptive use permit. Subsection (6) says an association may extinguish a discriminatory restriction as provided in section 712.065.

What This Means in Practice

Boards

Review every rule and architectural guideline against this list. A parking rule that reaches pickup trucks or work vehicles in driveways, a vendor-only rule for contractors, or a license check at the gate each conflict with paragraphs (3)(d) and (3)(e) as written. Our reading: security or insurance concerns about unlicensed contractors do not override the statute; the association may address them through other lawful means, to be confirmed with counsel.

Owners

Owners do not need the board's permission to use a contractor who is not on a preferred list, to park a personal or non-commercial work vehicle in the driveway, or to display up to two flags in a respectful manner.

Open questions

The section states no penalty beyond voiding developer clauses in (1), and it does not say who enforces subsection (3). Courts and the arbitration route under section 720.311 may be where those disputes land. We did not verify which 2024 and 2025 acts added which paragraphs.

Timeline

Related Florida Law

• Sections 720.304 and 720.3045 on flags and displays.
• HB 437 (2023).
• HB 1203 (2024).
• Section 720.3035.
• Chapter 720 overview.

Board Checklist

• Audit parking, vendor and contractor rules against subsection (3).
• Remove preferred-vendor or license-check requirements for owner-hired contractors.
• Confirm flag rules allow up to two portable flags.
• Check landscaping standards allow Florida-friendly landscaping.
• Review any developer-era clause about amendments, lawsuits or votes.
• Have counsel review any restriction that may be discriminatory.

Frequently Asked Questions

Can an HOA require owners to use approved vendors?

Not as a condition of entry. Documents may not preclude an owner from hiring a contractor solely because the contractor is not on a preferred vendor list.

Can an HOA ban pickup trucks in driveways?

The documents may not prevent an owner from parking a personal vehicle, including a pickup truck, in the driveway.

Can an HOA require a contractor's license at the gate?

No. The association may not require a contractor or worker to present or prove a professional or occupational license to enter an owner's parcel.

Can a developer keep extra votes after turnover?

No. Clauses giving a developer more than one vote per residential lot after transition are void.

Can a declaration bar suing the developer?

No. Clauses that restrict the association from suing the developer are void.

Can an HOA prohibit gas appliances?

Documents may not preclude use of an appliance, including a stove or grill, that uses energy types supplied by the listed utilities.

Where This Comes From

We read the full 2026 text and history line of section 720.3075 on the Florida Legislature's Online Sunshine site (section 720.3075). Quotations are from the statute text.

Where We Stand

Our position: we support these protections, with a caveat. Owner choice of contractors and driveway parking are reasonable limits on rule-making, and developer-era clauses that lock in control after turnover are the kind of thing that harms newly owner-run associations. The caveat is practical: associations lose some control over who enters the property, so boards should keep security and insurance expectations in writing for all vendors. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.

How APM Helps

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Florida attorney before acting.