Q: HOA Florida statute 720.3035 1. updated on July 1st, 2024 "limits or places requirements on the interior of a structu
Florida statute 720.3035 "1. 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." went into effect on July 1st, 2024. Does this mean HOAs can no longer restrict homeowners from building interior ADUs/additional dwelling units/accessory dwelling units/secondary dwelling units or subdividing?
A:
The statute that was in effect at the time your restrictive covenants were recorded is controlling. New statutes generally do not apply retroactively.
You should consult with a community association lawyer to review your HOA documents (all of them) and the law that existed at that time before investing in construction work. There are several clauses in those documents that could be controlling and it's not always as simple as looking for a restriction that says no ADUs, etc.
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A:
The updated Florida Statute 720.3035, effective July 1, 2024, establishes restrictions on the authority of homeowners’ associations (HOAs) regarding interior structures. Specifically, it prevents HOAs from imposing limits or requirements on the interior of a home if those areas are not visible from the parcel’s frontage, neighboring parcels, common areas, or a community golf course. This change curtails the extent to which HOAs can regulate what happens inside a homeowner’s property.
While this statute provides more freedom to homeowners, it does not automatically guarantee that HOAs have no authority over the creation of interior accessory dwelling units (ADUs) or subdivisions. There may still be other governing rules, such as local zoning ordinances, building codes, or HOA declarations and covenants, that could impose separate requirements or limitations on such modifications. Additionally, if the ADU or subdivision impacts external areas visible from neighboring parcels or common spaces, the HOA may retain regulatory oversight.
You should review your HOA’s governing documents carefully to identify any specific restrictions that might still apply. It’s also a good idea to verify local building and zoning regulations to ensure compliance before proceeding with any interior changes like building an ADU or subdividing your property. This statute is a significant shift, but it doesn’t completely remove all potential barriers.
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