Reversing an unauthorized denial
Challenging a denial that exceeds the committee's authority under the declaration, or that rests on a policy the declaration does not support.
Florida HOA and condo attorneys
Architectural Application Dispute Lawyer
An architectural committee can only exercise the authority the declaration gives it, and it must apply its standards even-handedly. A denial that goes beyond that can be challenged.
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Architectural review disputes
A denial is only as valid as the authority behind it and the reason given for it.
Approval of fences, roofs, paint, additions and other changes is a power the declaration grants, and Florida law limits how it is used in an HOA.
Many owners assume an architectural committee can say no to anything. Chapter 720 does not read that way. An association and its committee may review and approve plans for structures only to the extent the declaration, or published guidelines it authorizes, specifically states or reasonably infers that authority, and the standards must be applied equitably across owners.
So the questions are concrete. Does the declaration give the committee power over this kind of change? Did it write down which rule the request violates? Did it treat your neighbor's identical request differently? Or did it simply sit on your application and never answer? Each points to a different kind of claim.
01
Find the declaration's architectural provision and the denial letter.
Read the exact power the declaration gives the committee, then read the reason it gave you. If the reason names no rule, or a rule the declaration does not contain, that gap is the case.
After a denial or silence
Keep the application, the reply and the comparisons.
Architectural disputes are proven by what you submitted and what came back. Do not build first and argue later, because that changes the dispute.
01 /
Keep the complete application
Save the form, plans, photos, material samples, and proof of when and how you submitted them. If you never received a response, note the date and every follow-up.
02 /
Get the denial in writing
If the answer was verbal, ask the association to state in writing which rule your request violates. The statute requires written notice stating the rule relied on when an association denies an improvement request.
03 /
Photograph comparable improvements
Document similar fences, roofs, colors or additions already approved or standing in the community, with addresses and dates. Uneven treatment is evidence.
04 /
Hold off on starting the work
Proceeding without approval can turn a review dispute into a violation notice. Bring us the file first so the sequence is protected.
Worried about the timing? Your declaration may set a period for the committee to respond, and disputes about changes to a parcel generally call for pre-suit mediation. Tell us what your declaration says about response time and we identify the rest.
What an architectural dispute can address
Getting the approval, and accountability for a wrongful denial.
The outcome is usually the approval itself. In some cases the statute also allows damages.
The specific facts decide which of these applies.
Compelling a decision
Pushing a committee that ignored or stalled your application to follow its own procedure and answer in writing.
Damages, costs and fees
Where an association unreasonably, knowingly and willfully infringes an owner's declared rights, Section 720.3035 provides for damages, costs and attorney fees.
What Chapter 720 says about architectural control
The statute limits what an HOA can require, and how it must say no.
Section 720.3035, Florida Statutes, governs architectural control covenants and the rights of parcel owners who want to improve their property.
It bars enforcement of covenants that limit interior spaces not visible from the frontage, adjacent parcels, common areas or golf courses. Where the declaration offers options for materials, size, design or location, the association cannot restrict an owner from choosing among them. It also prevents enforcement of a policy inconsistent with the declaration, whether or not it is applied uniformly, and it requires hurricane protection to be approved when it conforms to the board's adopted specifications.
Section 720.3035
What we check on every architectural denial
These questions separate a lawful decision from an overreach.
01
Does the declaration give the authority?
Review is permitted only to the extent the declaration or its authorized guidelines specifically state or reasonably infer it. We compare the denial to the actual grant of power.
Review is permitted only to the extent the declaration or its authorized guidelines specifically state or reasonably infer it. We compare the denial to the actual grant of power.
02
Was the rule identified in writing?
A denial of an improvement request must come with written notice stating the rule relied on and the part of the proposal that does not conform. A bare no, or a vague reference, is a weakness.
A denial of an improvement request must come with written notice stating the rule relied on and the part of the proposal that does not conform. A bare no, or a vague reference, is a weakness.
03
Are standards applied equitably?
We compare your request to those approved for neighbors, since the standards must be applied equally across all owners.
We compare your request to those approved for neighbors, since the standards must be applied equally across all owners.
04
Did the declaration already allow it?
If it lists options for materials, size, design or location, the association cannot bar you from choosing one of them, and special protections apply to hurricane protection.
If it lists options for materials, size, design or location, the association cannot bar you from choosing one of them, and special protections apply to hurricane protection.
This statute is for homeowners' associations. Section 720.3035 is in Chapter 720. A condominium unit owner's alteration request turns on the declaration and the condominium documents, and disputes over the board's authority to require owner action fall under Section 718.1255.
How we work
We test the denial against the declaration and against the neighbors.
An architectural dispute is settled by the grant of authority, the reason given, and how others were treated. We build those three comparisons before making any demand.
Talk with our team01
We read the grant of authorityThe declaration's architectural provisions, any committee guidelines and how the board adopted them.
02
We compare the treatmentYour request against approved improvements nearby, and the timing and content of the association's response.
03
We demand and, if needed, mediateDisputes over use of or changes to a parcel generally go to pre-suit mediation before any lawsuit, and we handle that step.
A simpler way forward
Bring the application and the response.
You do not need to know which subsection applies. Send what you submitted and what you got back.
01
Tell us what you wanted to change
The improvement, when you applied, and what the association said or failed to say.
02
Get a frank view of the denial
We tell you whether the committee appears to have acted within its authority, and whether the denial looks defensible.
03
Let us take it forward
If we take the matter, we send the demand, respond to any related violation notice, and pursue mediation if required.
Already built it without approval? Call before responding to a violation notice. What the declaration allowed can still matter.
Architectural dispute questions
Direct answers about modification approvals.
The declaration's architectural provision decides how these apply to your request.
Ask us about your situation ↗Can my HOA deny any change I ask for?
No. Under Section 720.3035, Florida Statutes, an association and its architectural committee may review and approve plans only to the extent that authority is specifically stated or reasonably inferred in the declaration or its authorized guidelines, and they must apply the standards equitably across owners.
Does the HOA have to explain a denial?
The statute provides that when an association denies a request to make an improvement, it must give written notice stating with specificity the rule or covenant relied on and the part of the proposal that does not conform. That makes the reason stated in the letter central to any challenge, and a denial with no rule identified is worth reviewing.
Can the HOA control the inside of my home?
Not to the extent the statute prohibits. Section 720.3035 bars enforcement of covenants limiting interior spaces not visible from the frontage, adjacent parcels, common areas or golf courses. An association also may not require review and approval of plans for a central air-conditioning or heating system that is not visible from the frontage, an adjacent parcel, a common area or a golf course and is substantially similar to a system the association or its committee has approved or recommended.
Can I be reimbursed if the HOA wrongly denied my request?
The statute provides that an owner may recover damages, costs and attorney fees if the association unreasonably, knowingly and willfully infringes the owner's declared rights. That is a high standard, so the facts matter. In other actions under Section 720.305, the prevailing party generally recovers fees.
Do I have to mediate before filing suit?
Generally yes for HOA disputes over use of or changes to a parcel. Section 720.311 calls for a written demand and mediation first, and a party who fails to participate in mediation may not recover attorney fees and costs in later litigation. Collection of fines and money owed is excluded.
Proof and further reading
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