Aug 31, 2026 - by Moorhead Law Group
Matthew Carbone, Associate Attorney in Moorhead Law Group’s Pensacola Office, wrote about recent changes to statutes governing HOAs in the State of Florida:
The 2026 legislative session resulted in relatively few changes to the statutes governing condominiums (Chapter 718) and homeowners’ associations (Chapter 720). One notable change concern architectural control under Section 720.3035, Florida Statutes. House Bill 803 (“HB 803”) amended section 720.3035, Florida Statutes, with the changes taking effect July 1, 2026.
Section 720.3035, Florida Statutes (the “Statute”) was originally enacted in 2007 to establish statutory authority for homeowners’ associations to regulate the location, size, type, and appearance of improvements when that authority is specifically stated or reasonably inferred from the community’s declaration or authorized architectural guidelines and standards. The Statute also requires associations to reasonably and equitably apply and enforce those standards among parcel owners.
The Statute was further amended in 2024 to prohibit associations and architectural review committees (“ARCs”) from regulating certain interior portions of structures that are not visible from specified areas. The Statute also limits ARC review of certain central air conditioning, refrigeration, heating, and ventilation systems that are not visible from those areas and are substantially similar to systems approved or recommended by the association. Additionally, when an architectural application is denied, the association must provide written notice identifying the specific rule or covenant supporting the denial and the specific aspect of the proposed improvement that does not comply.
The 2026 amendment addresses building permits and the ARC review process. An association or ARC may not require a parcel owner to obtain a building permit from a governmental authority as a prerequisite to reviewing an application for the construction of a structure or other improvement. Thus, an owner’s failure to obtain a building permit before submitting an application to the association or ARC cannot serve as a prerequisite to the association’s review of the proposed improvement.
Moorhead Law Group has offices in Pensacola and Santa Rosa Beach. Matthew Carbone can be reached at (850) 202-8522.
This article is for informational purposes only and does not constitute legal advice.