iTechGuides is reader-supported. When you buy through links on our site, we may earn an affiliate commission. As an Amazon Associate I earn from qualifying purchases. Learn more
A Florida condo or HOA board can require owners to follow applicable state law, the association’s governing documents, and valid rules adopted under those authorities. It cannot make every board preference enforceable simply by calling it a rule. The limits and procedures differ for homeowners’ associations (HOAs) under Chapter 720 of the Florida Statutes and condominium associations under Chapter 718.
Start by identifying the source of the requirement
For an HOA, section 720.303 says the association’s powers include those in Chapter 720 and, unless the chapter expressly limits or restricts them, those in its governing documents. The statute also describes directors as having a fiduciary relationship to the members. Condominium associations and owners are governed by Chapter 718 and their condominium documents.
That does not mean a board can create any obligation it wants. For a requirement to be enforceable, look for authority in the applicable statute, the recorded declaration, bylaws, or a rule or standard validly authorized by those sources. The wording and adoption history matter: a board announcement or preference, on its own, does not establish that owners must comply.
- HOA: Compare the requirement with Chapter 720 and the HOA’s declaration, bylaws, and authorized rules.
- Condominium: Compare it with Chapter 718 and the condominium declaration, bylaws, and authorized rules.
- Either type: Check amendments and determine whether the requirement concerns a unit interior, exterior, parcel, common element, or limited common element. Those distinctions can affect the board’s authority and the applicable statutory protections.
What an HOA can require for exterior changes
HOA architectural review is governed in part by section 720.3035. Review authority must be specifically stated in the declaration or reasonably inferred from it for matters such as an improvement’s location, size, type, or appearance. A declaration may also authorize published architectural guidelines. Any authorized standards must be applied reasonably and equitably to parcel owners.
#1 Best Overall
If an HOA denies an improvement application, it must identify in writing the specific covenant or rule at issue and the part of the proposed improvement that does not conform. A general statement that a proposal is “not approved” does not supply the specificity the statute calls for.
- A committee generally cannot control certain nonvisible interior elements under the statute.
- The statute also restricts review of qualifying, nonvisible, substantially similar air-conditioning, refrigeration, heating, or ventilation systems.
- An association cannot make a government building permit a prerequisite to its own architectural review.
Hurricane-protection improvements
Section 720.3035 requires an HOA board or architectural committee to adopt hurricane-protection specifications that comply with applicable building codes. The association cannot deny an application that conforms to those specifications, although it may require adherence to an existing unified building scheme for external appearance.
The statute’s examples of hurricane protection include recognized roof systems, shutters, impact-resistant windows and doors, reinforced garage doors, erosion controls, and exterior fixed generators. The specific specifications and applicable building code still matter; an owner should compare the proposed work with both.
The Tool Desk
Outbyte Driver Updater FREEFix the driver behind crashes, sound loss and screen glitchesFind Drivers →Outbyte PC Repair FREEClear out junk files and repair common Windows errorsFree Scan →HOA rules have statutory limits and protected exceptions
Several protections in sections 720.304 and 720.3045 restrict what an HOA may prohibit, subject to the terms of those statutes and other applicable law.
Rank #3
- Assembly and speaking events: Owners have a right to peaceably assemble and to invite public officers or candidates to appear and speak in common areas, subject to the statute’s conditions.
- Flags and flagpoles: Section 720.304 permits certain flags and a qualifying flagpole subject to size, placement, and government-code conditions. Among its limits, the portable-flag maximum is 4½ feet by 6 feet, and a freestanding flagpole may not exceed 20 feet.
- Disability-related access ramps: The statute addresses installation of qualifying ramps under stated conditions.
- Security signs: It protects certain signs provided by a contractor performing home-security services.
- Items not visible from specified locations: Under section 720.3045, an HOA generally may not restrict installing, displaying, or storing items on a parcel if they are not visible from the parcel’s frontage, an adjacent parcel, an adjacent common area, or a community golf course—unless general law or a local ordinance prohibits them. The statute lists examples such as artificial turf, boats, flags, vegetable gardens, clotheslines, and recreational vehicles.
These protections are conditional, not blanket permission to disregard all community rules. For example, the nonvisibility protection expressly yields when general law or a local ordinance prohibits the item; flag and ramp protections also have statutory conditions.
How fines and suspensions differ for HOAs and condos
Both association types have statutory enforcement procedures, but the rules are not interchangeable. The figures below are in the 2026 Florida Statutes. For an HOA, section 720.305 makes the stated fine caps subject to the phrase “unless otherwise provided in the governing documents.” Section 718.303 states the condominium caps separately and says a fine may not become a lien against the unit.
| Issue | HOA (Fla. Stat. § 720.305) | Condominium (Fla. Stat. § 718.303) |
|---|---|---|
| Fine cap | $100 per violation and $1,000 in the aggregate, unless otherwise provided in the governing documents. | $100 per violation and $1,000 in the aggregate. |
| Notice and hearing | At least 14 days’ written notice of the right to a hearing; the hearing must be within 90 days before a qualifying committee. | At least 14 days’ written notice and a hearing before a qualifying committee; § 718.303 does not state the HOA’s 90-day hearing deadline. |
| Committee | At least three people, meeting the statute’s independence requirements; a majority must approve the fine or suspension. | At least three independent members; a majority must approve the fine or suspension. |
| Can an unpaid fine become a lien? | Not stated in § 720.305’s fine provisions summarized here. | No. A fine cannot become a lien against the unit. |
HOA notice, hearing, cure, and suspension rules
For an HOA fine or common-area suspension, section 720.305 requires written notice describing the violation, any required cure, and the hearing logistics. The owner must receive at least 14 days’ notice of the right to a hearing, and the hearing must take place within 90 days before a committee of at least three people who satisfy the statute’s independence requirements. A majority of the committee must approve the proposed penalty. Under the statute’s procedure, a committee may not approve the fine or suspension if the violation has been cured.
Free tools Windows power users keep installed
One-click scans. No signup required.
A common-area suspension cannot be used to block access to the property, utility service, or ingress and egress. The statute also restricts fines or suspensions for leaving bins out within its stated 24-hour window around collection, and for holiday decorations until more than a week after written notice.
Condominium notice and penalty rules
Section 718.303 separately authorizes reasonable fines and suspensions for violations of condominium documents or reasonable rules. It requires at least 14 days’ written notice and a hearing before a committee of at least three independent members. The statutory caps are $100 per violation and $1,000 in the aggregate, and the fine cannot become a lien against the unit.
The condominium statute also protects certain access and services from suspension: access to the unit, utilities, parking, elevators, and specified limited common elements. The exact scope depends on the statutory language and the property arrangement. Do not assume that an HOA hearing deadline or other Chapter 720 procedure automatically applies to a condominium.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How to assess a specific board demand
For an individual dispute, work through the documents and procedure rather than relying on a general claim that the board can—or cannot—require something.
- Confirm the association type. Determine whether the property is in an HOA governed by Chapter 720 or a condominium governed by Chapter 718.
- Find the exact authority. Read the recorded declaration, bylaws, applicable rules, published standards, and amendments. Note who adopted the requirement and whether the documents authorize that person or body to do so.
- Classify the property or activity. Identify whether it concerns a parcel, unit interior, exterior, common element, or limited common element.
- Check for statutory protections. For HOA matters, examine sections 720.3035, 720.304, and 720.3045 where architectural review, protected displays, or nonvisible items are involved.
- Review the enforcement steps. For a proposed fine or suspension, check the written notice, cure demand, hearing date, committee qualifications, and approval. Apply the procedure for the correct association type.
- Keep the record. Retain the board’s demand or denial, the relevant documents, photographs or plans, application materials, and proof of notices or responses. For an HOA improvement denial, check whether the written explanation names the specific covenant or rule and the nonconforming part of the proposal.
The statutes do not decide every dispute by themselves. The wording of an owner’s documents, local ordinances, federal requirements, and the facts of the property may affect the result. This overview is general legal information, not a determination of any particular owner’s rights or obligations.
Quick Recap
Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.
