Architectural Reviews

December 26, 2022

Common Community Association Restrictive Covenants and Why They Exist

by Roberto C. Blanch

Roberto C. Blanch

For all those who reside in communities governed by homeowner associations or are buying into one for the first time, you should be aware of documents referred to as the covenants, conditions and restrictions of such community, or CCRs in industry parlance for short. These CCRs, together with an association’s articles of incorporation, by-laws, and rules and regulations, comprise the governing provisions with which all owners in a community must abide, and they are given the effect of a legally binding agreement to which all the owners governed by the association are bound.

For some sprawling HOA communities, minimum square-footage requirements are common provisions found in such covenants. These restrictions on the size of homes within a community are aimed at maintaining uniformity as to the types of homes located within it. Homes that are too small or too big by comparison to all the others might be considered to have a detrimental effect on the property values for the enclave.

Architectural restrictions covering property improvements are also almost always in place. Again, the goal with these is to help ensure architectural aesthetics and cohesion. Homeowners and the architects they hire must pay careful attention to the architectural planning criteria to which all modifications or improvements to homes within a community must abide so as to keep in compliance with the association’s standards and to uphold its community appeal.

September 19, 2022

Florida HOAs Can Restrict Vegetable Gardens

by Roberto C. Blanch

Roberto C. Blanch

A 2019 Florida law is sometimes a source of confusion for board members and owners in HOA communities over whether their association can restrict or ban yard vegetable gardens in their communities.

The uncertainty stems from the Section 604.71, Florida Statutes, which states that no county, municipality, or other political subdivision in Florida can regulate vegetable gardens on residential properties. However, HOAs, condominium associations and cooperatives do not fall under the category of “political subdivisions,” which are typically separate legal entities of a state that usually have specific governmental functions. Examples include a county, city, town, village, school district, and other subdivisions with a governmental legal status. Community associations are private not-for-profit corporations, and while they may govern over their communities, they are nongovernmental entities with powers that are codified by state law.

So, while counties and municipalities in Florida cannot regulate or ban front-yard vegetable gardens, HOAs can and often do restrict them.

Proponents of vegetable gardens in HOAs reference many benefits associated with permitting vegetable gardening within the boundaries of private lots within HOAs, including the promotion of sustainable food production, improved health and cost savings. However, those opposed to the activity within HOAs may reference some concerns, such as potential for attraction of pests and vermin, the creation of a mismatched aesthetic community landscape, and the possibility of overgrowth which may diminish visibility required for safe pedestrian and vehicular traffic.

June 13, 2022

Florida HOAs and Rooftop Solar: Some Restrictions Apply

by Laura Manning-Hudson

Laura Manning-Hudson

Given Florida’s nickname as the Sunshine State, it is only fitting that solar energy would be the state’s most popular and effective source of renewable energy. In fact, according to the U.S. Energy Information Administration, renewable energy fueled approximately five percent of Florida’s in-state electricity generation in 2020, and almost two-thirds of that came from solar.

It appears to be a sure bet that rooftop solar installations will be growing in popularity in the years to come for homeowners across the state. For those who own properties in communities with homeowners associations, internet searches will quickly reveal that Florida associations are prohibited by law from blanket denials of such installations. However, that does not mean that they do not have a significant say in the manner and form of solar panel installations in order to maintain the community’s aesthetic standards.

solar-panels-300x200 The Florida Solar Rights Act protects homeowners who wish to install solar panels and other renewable energy devices on their property from outright bans. It provides that property owners may not be denied permission to install solar collectors and other renewable energy devices by HOAs or even local municipalities. The law expressly forbids binding agreements that limit access to renewable energy for dwellings.

However, the Act does allow for HOA architectural review boards and committees to determine the specific rooftop location where panels can be installed. Associations are therefore able to require homeowners to follow their set procedures for the prior review and approval of planned alterations and improvements. Review committees may request diagrams and information on the dimensions, location(s), and layout of proposed solar panels, including illustrations. They can also review and approve all the related wiring and electrical components, as well as the proposed height of the panels from the roof.