At a glance
- Who
- Homeowners in a Florida community with a homeowners' association and an architectural committee
- What
- Under section 720.3035, an HOA can review exterior changes only as far as its governing documents allow, must apply standards evenly, and must explain a denial in writing.
- When
- Before you sign a contract or order materials for any exterior change
- Where
- Your HOA or its architectural committee, using your governing documents
- Why
- A project built without approval can lead to a dispute even if the county issued a permit
The short answer
Yes, an HOA can ask you to get approval for exterior changes, but only if its governing documents give it that authority. Florida Statutes section 720.3035 sets limits on how it does this. A denial has to be in writing, and it has to name the rule it relies on.
The statute does not list fences, windows, paint or additions. What your HOA can require for each of those depends on your community's documents. This page explains the state limits. Read your own documents for the details.
What section 720.3035 limits
The main points, in plain words (read the full text at Florida Statutes 720.3035):
- Authority must be there. An architectural committee may review plans or enforce appearance standards only to the extent the governing documents or published guidelines state or reasonably imply. Standards must be applied evenly to all owners.
- Hidden things are off limits. The association may not restrict the inside of a structure that cannot be seen from the front of the property, a neighbor's parcel, a common area or a golf course. It may not require approval of hidden HVAC systems that are substantially similar to approved ones.
- Your options stay yours. If the documents offer choices of materials, size, design or location, the HOA cannot limit your choice among them.
- Setbacks. A lot generally has one front for setback purposes unless the documents say otherwise. If the documents set no setbacks, the county or city limits apply.
- Written denials. A denial must be in writing and must state the rule relied on and the part of your plan that does not conform. An owner harmed by willful, unreasonable infringement may recover damages and attorney fees.
- No conflicting policies. An association cannot enforce a policy that conflicts with owners' rights under the governing documents.
Need drawings for an HOA application?
Leave your name and number. We call back by the next business day to set up a free in-home visit and talk about the specs and drawings your HOA will want.
Prefer to talk now? Call or text (941) 284-2218.
HOA approval and a county permit are two different things
A building permit comes from the county or city. HOA approval comes from your association. One does not replace the other. Hillsborough County's own list of work that needs no permit says to check your HOA or condo association rules even when no permit is required.
That matters for fences, paint, windows and patios, where the county may need nothing and your HOA still wants to see the plan. For the county side, see our guides on fence permits in Manatee County and window and door permits.
How to get an HOA application approved
- Get the documents. Ask for the declaration, the architectural guidelines and any application form. Your closing papers may have them.
- Find the section on exterior changes. Note which items need approval and which have set options.
- Submit a complete package. Most committees want drawings, product specs, colors and a site plan. A thin application is the easiest one to delay.
- Keep everything in writing. Date your submission and keep the reply.
- Do not start work early. Approval first, then the contract and the permit.
If you are denied, check that the denial is in writing, names the rule and names the part of your plan that did not conform. If it does not, ask for that in writing. For a real dispute, talk to a Florida attorney.
Impact windows and shutters have their own rule
Hurricane protection has a separate subsection in the same statute, and it limits what an HOA can deny. We cover it on its own page: can an HOA stop impact windows in Florida.
What we do not know about your community
HOAs and districts differ a lot. We have not written up approval steps for any single community, including Lakewood Ranch, because the body that governs an address can be a neighborhood association, a larger association or both. Ask your property manager or board which one reviews exterior changes at your address and get its documents.
How the rules play out on real projects
The statute is general, so here is how its limits tend to work in everyday situations. These are readings of the text, not rulings.
- Inside work. A new bathroom or kitchen interior that cannot be seen from the front of the property, a neighboring parcel, a common area or a golf course is outside what the association may restrict.
- Paint colors. If your documents list approved colors and you pick from the list, the association cannot narrow your choice further, because the statute protects options the documents allow.
- A fence or an addition. The statute does not name these. Your documents decide whether approval is needed and what the standards are.
- Setbacks. If your documents set none, the county or city limits apply. See our room addition permit guide for the county side.
When two sets of rules apply, the stricter one controls what you can build in practice. Meet both.
How Hildebrand handles HOA projects
For a project in an HOA, you file the application and we provide the specs and drawings for it. Hildebrand Construction & Remodeling is a Florida licensed general contractor (CBC1257253) in Palmetto, serving Manatee County, Sarasota County and south Hillsborough. Josh Hildebrand has 22 years in construction.
We start with a free in-home visit and a written estimate with no trip fee. We pull every required permit and meet Florida Building Code inspections. See how a job runs on our process page or contact us.
Questions homeowners ask
Can my HOA deny my remodel in Florida?
It can deny a plan that does not conform to its rules, but only if its governing documents give it that authority. The denial must be in writing, state the rule relied on and name the part of the plan that does not conform.
Does my HOA need to approve work I do inside my house?
Section 720.3035 says the association may not restrict the interior of a structure that is not visible from the front, a neighboring parcel, a common area or a golf course.
If the county issues a permit, do I still need HOA approval?
Yes, if your HOA documents require it. A permit is from the county or city and approval is from the association. Hillsborough County tells owners to check HOA rules even when no permit is needed.
What if my HOA documents give me options for materials or colors?
Under the statute, if the documents offer options for materials, size, design or location, the association cannot limit your choice among them.
Planning a remodel in an HOA?
Book a free in-home consultation and written estimate. Florida licensed general contractor serving Manatee, Sarasota and south Hillsborough counties.