The 2026 legislative session did not result in an abundance of legislation amending the statutes governing condominium, cooperative, and homeowners’ associations. One exception is an amendment to Section 720.3035, Florida Statutes, involving architectural control covenants and homeowners’ associations (HOAs”), which was adopted as part of House Bill 803 (HB 803), and which became effective on July 1, 2026.
Section 720.3035, Florida Statutes, was created in 2007. Prior to 2007, the HOA statute was silent regarding architectural control decisions. The 2007 law recognized HOAs’ authority to exercise architectural control over the external appearance of lot improvements when such architectural control authority is provided for in the community declaration. However, the statute tethered architectural control decisions over the location, size, type, or appearance of lot improvements to specific restrictions in the declaration of restrictions or to published architectural guidelines and standards. One of the purposes of the statute was to prevent a scenario where an architectural control committee (“ARC”) arbitrarily disapproves a proposed exterior change.
Section 720.3035, Florida Statutes, was amended during the 2024 legislative session. The 2024 amendments preclude an association or its ARC from enforcing or adopting 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, an adjacent common area, or a community golf course; and/or
- Requires the review and approval of plans and specifications for a central air-conditioning, refrigeration, heating, or ventilating system by the association or any architectural, construction improvement, or other such similar committee of an association, if such system is not visible from the parcel’s frontage, an adjacent parcel, an adjacent common area, or a community golf course and is substantially similar to a system that is approved or recommended by the association or a committee thereof.
The 2024 changes also provided that if an architectural request is denied, the Association must provide written notice of the denial that cites to the rule or covenant that served as the basis for the denial.
Section 720.3035, Florida Statutes, was further revised effective July 1, 2026, to address the fact that many exterior changes to homes that require ARC approval also require a building permit. The statute was amended to provide that an association or its ARC may not require a building permit to be issued by a governmental authority to a parcel owner as a prerequisite for review by the association or by its ARC of proposed construction on the parcel. Thus, the failure of the parcel owner to obtain a building permit prior to submitting the application to the ARC is not a basis to deny the application. However, the statute does not preclude an association or its ARC from granting conditional approval based upon the parcel owner subsequently obtaining a building permit, if a building permit is required by a local government authority having jurisdiction.
