Can a Florida HOA control the changes you make to your home?

Yes, within limits. Florida law lets an HOA review exterior changes only to the extent its declaration allows, and it must apply its standards reasonably and equitably.

Many Space Coast neighborhoods have a homeowners association, and many of those associations have an architectural review committee. If you plan to repaint, add a fence, replace a roof, or build a lanai, that committee may need to approve your plans before the work starts.

This guide explains the parts of Florida law that speak to architectural review, what the statutes do and do not say, and how Brevard County buyers can find out what their own community requires before they close.

What is an architectural review committee?

An architectural review committee, sometimes called an ARC or ARB, is a group set up under an HOA's governing documents to review proposed changes to the outside of a home. Typical requests include paint colors, fences, roofing, driveways, landscaping, and screen enclosures. Which changes need approval, and how strict the standards are, is written in each community's declaration and guidelines, so it differs from one neighborhood to the next.

What does Florida law say about architectural control?

Section 720.3035 of the Florida Statutes covers architectural control by homeowners' associations. Four points from the statute are worth knowing:

  • Reasonable and equitable enforcement. The association or committee must reasonably and equitably apply and enforce the architectural and construction improvement standards on all parcel owners.
  • Authority must come from the declaration. Review of the location, size, type, or appearance of improvements is permitted only to the extent that the authority is specifically stated, or reasonably inferred, in the declaration.
  • Written denials must be specific. If a request is denied, the association or committee must give the owner written notice stating with specificity the rule or covenant it relied on.
  • Interior spaces are off limits in some cases. An association cannot enforce or adopt a covenant, rule, or guideline that limits or places requirements on the interior of a structure that is not visible from the parcel's frontage or an adjacent parcel.

The statute does not set a specific number of days for a decision, so check your community's documents for any timeline the association has adopted.

Can an HOA in Brevard County ban solar panels or clotheslines?

Not outright. Section 163.04 of the Florida Statutes says a deed restriction, covenant, declaration, or similar binding agreement may not prohibit, or have the effect of prohibiting, solar collectors, clotheslines, or other energy devices based on renewable resources. The statute allows the association to determine the specific location on the roof where solar collectors may be installed, within an orientation to the south or within 45 degrees east or west of due south, as long as that does not impair the effective operation of the collectors. It also provides that the prevailing party in a dispute is entitled to costs and reasonable attorney's fees.

How do you find out a community's rules before you buy?

Here is the sequence I walk buyers through in Viera, Melbourne, and other HOA communities across Brevard County:

Step What to do Why it matters
1 Ask for the declaration and architectural guidelines during your inspection period The declaration is where the committee's authority comes from
2 Read the sections on exterior changes, paint, fences, roofs, and pools These are the projects buyers most often plan
3 List the projects you want in the first two years You will see quickly whether the community allows them
4 Ask what the approval process looks like and who to contact Committees may review requests on a set schedule, so timing can affect your project
5 Have a Florida real estate attorney review anything unclear I am not a lawyer, and governing documents can be technical

What should Space Coast sellers do about approved changes?

If you are selling, gather the approval letters for any exterior work you have done, such as a new fence, a paint color change, or a screen enclosure. Buyers and their agents often ask whether a change was approved, and having the paperwork ready keeps a small question from becoming a delay in the contract period.

How does architectural review affect your plans to renovate?

It affects timing more than anything. A project that would take a weekend in a neighborhood without an HOA may need an application, a review, and a written approval first in a community that has one. Build that time into your schedule, especially if you are also coordinating a contractor or a county permit. Open permits and unfinished work can become a closing issue, so keep your paperwork organized from the start.

You can read the statutes yourself: Florida Statutes Section 720.3035 and Florida Statutes Section 163.04.

Frequently Asked Questions

Does a Florida HOA have to explain why it denied a change?

Yes. Under Section 720.3035, a denial must come in writing and state with specificity the rule or covenant the association or committee relied on.

Can an HOA restrict what I do inside my home?

Under Section 720.3035, an association cannot enforce a covenant, rule, or guideline that limits or places requirements on the interior of a structure that is not visible from the parcel's frontage or an adjacent parcel.

Can I put solar panels on my Brevard County home if I have an HOA?

Section 163.04 says a deed restriction may not prohibit solar collectors, though the association can determine the roof location within the orientation described in the statute. Confirm the details for your specific home with an attorney.

If you are comparing HOA communities on the Space Coast, I can help you ask the right questions before you write an offer. My partner Nichole and I got your back. Reach out anytime at (321) 212-7676 or www.livingspacecoast.com.