Direct answer
No. HOA approval is a private approval under your community’s declaration of covenants and Chapter 720 of the Florida Statutes. A building permit is government approval under the Florida Building Code, issued by the city or county that has jurisdiction. You may need both, and neither replaces the other. Florida law says an HOA may not require a government building permit as a prerequisite for its own review, and some building departments ask about HOA approval when you apply.
Disclaimer
This article is general information about permitting and code-enforcement processes. It is not legal advice, not a substitute for advice from a Florida-licensed attorney, and not a guarantee of any result, timeline, or fee. Permit Busters, LLC is not a law firm and does not appear as your legal representative. Building and code rules vary by county and municipality and can change. Confirm current requirements, forms, and fees with the building or code office that has jurisdiction over the property, and consult a Florida attorney and, where construction work is required, a Florida-licensed contractor.
Este artículo es información general sobre procesos de permisos y cumplimiento del código. No es asesoramiento legal, no sustituye el consejo de un abogado con licencia en Florida y no garantiza un resultado, un plazo ni un costo. Permit Busters, LLC no es un bufete de abogados y no comparece como su representante legal. Las normas de construcción y de código varían según el condado y el municipio y pueden cambiar. Confirme los requisitos, formularios y tarifas vigentes con la oficina de construcción o de código que tenga jurisdicción sobre la propiedad, y consulte a un abogado de Florida y, cuando se requiera obra, a un contratista con licencia en Florida.
What each approval covers
- HOA architectural approval deals with what your declaration of covenants and the association’s authorized guidelines allow, such as the location, size, type, or appearance of a structure.
- A building permit deals with whether the work meets the Florida Building Code and local building rules, and it brings required inspections.
A permit does not mean the HOA has approved the project, and HOA approval does not mean the work meets the building code. HOA approval is the client’s responsibility.
What Florida law says about HOA architectural review
Section 720.3035 of the Florida Statutes sets limits on HOA architectural control:
- Authority must come from the documents. Under (1)(a), an association’s authority to review and approve plans is permitted only to the extent it is specifically stated or reasonably inferred in the declaration of covenants or authorized published guidelines. The association must apply its standards reasonably and equitably to all owners.
- No permit-first rule. Under (1)(c), added effective July 1, 2026, an association may not require a building permit to be issued by a governmental authority as a prerequisite for its review.
- Interior and some A/C work. Under (1)(b), an association may not adopt or enforce rules on the interior of a structure that is not visible from the frontage, an adjacent parcel, common area, or a community golf course. It also may not require plan review for a central A/C, heating, or ventilating system that is not visible from those places and is substantially similar to one the association has approved or recommended.
- Setbacks. Under (3), when the covenants and guidelines do not set specific setbacks, the county or municipal setbacks apply, and the association may not enforce a setback inconsistent with them.
- Written denials. Under (4)(a), if the association denies a request, it must give written notice stating with specificity the rule or covenant it relied on and the part of the project that does not conform.
- Hurricane protection. Under (6), the board or committee must adopt hurricane protection specifications. It may not deny an application that conforms to them, though it may require adherence to an existing unified building scheme for external appearance.
Questions about what your covenants mean should go to a Florida attorney.
What building departments say about HOAs
- Hollywood’s water heater checklist asks for an HOA or condo association letter, if applicable. (Hollywood’s kitchen and bathroom checklist also asks for an association letter, but that item excludes single-family residences.)
- Miami-Dade’s driveway permit guideline says that if the driveway is in an area controlled by a homeowners’ association, an approval document from that association is required.
- Miami-Dade’s Zoning Improvement Permit page tells applicants to follow their homeowner association guidelines and the zoning district requirements before beginning work.
- Miami-Dade’s accessory dwelling unit rules require proof of notification to the community association for homes that belong to one.
Ask the department that will issue your permit whether it wants an HOA letter or affidavit with the application.
Which comes first?
Florida law says the HOA cannot make a building permit a condition of its review, so you can usually seek HOA approval before or while you apply for the permit. If the building department asks for an association letter, get that letter first. Build only what both the HOA and the permit approved. If plans change later, see the revision steps your building department requires.
Condominiums are different
Condominium associations are governed by Chapter 718, not section 720.3035. See condo renovation permits.
Get help with the permit side
Permit Busters, LLC can help you find out what the issuing department requires and prepare the permit application. HOA approval is the client’s responsibility. See residential permits, window and door permits, and Which Department Issues Your South Florida Permit. Approval always rests with the city or county. Call (954) 616-5823, email info@permitbusters.com, or book an appointment. Hours are Monday through Friday, 9 AM to 5 PM. Permit Busters, LLC is based in Lauderhill, FL 33351.
FAQ
Is HOA approval the same as a building permit?
No. HOA approval is a private approval under your declaration of covenants and Chapter 720. A building permit is government approval under the Florida Building Code from the city or county that has jurisdiction. You may need both. HOA approval is the client’s responsibility.
Can my HOA require a building permit before it reviews my plans?
No. Section 720.3035(1)(c) of the Florida Statutes says an association may not require a building permit to be issued by a governmental authority as a prerequisite for its review. This is general information, not legal advice.
Does the building department need my HOA approval?
Some departments ask. Hollywood’s water heater checklist asks for an HOA or condo association letter, if applicable, and Miami-Dade requires an HOA approval document for driveway permits in areas an association controls. Ask the department that will issue your permit.
Can my HOA deny my project without explaining why?
Florida law says that if an association denies a request, it must give written notice stating with specificity the rule or covenant it relied on and the part of the project that does not conform.
Can an HOA deny hurricane shutters or impact windows?
Florida law says an HOA may not deny an application for hurricane protection that conforms to the specifications its board or committee adopted, though it may require a unified external appearance.