Rules in a homeowners association reach past the front lawn. Fences, sheds, trees, play equipment, and noise in the backyard are often covered as well. In Florida, the authority behind those rules comes from the community's governing documents, and it is limited in several ways by state law.
This article is general information and is not legal advice. The association's attorney should be consulted.
Where Backyard Rules Come From
Backyard restrictions are found in the recorded declaration of covenants and in rules and architectural guidelines adopted under it. A rule is enforceable only when it is supported by those documents and does not conflict with a statute.
Architectural review is addressed in section 720.3035 of the Florida Statutes. The authority of an association or its architectural committee to review plans for a structure or improvement on a parcel is permitted only to the extent it is specifically stated or reasonably inferred in the declaration or in published guidelines authorized by the declaration. The standards must also be applied reasonably and equitably to all parcel owners.
What Is Commonly Regulated
Backyard rules differ from one community to the next. The subjects below are the ones seen most often:
- Fences and walls. Height, material, color, and placement are usually specified.
- Sheds and other structures. Storage buildings, pergolas, screen enclosures, and play sets generally require approval before they are built.
- Trees and plantings. Trimming, removal of dead or diseased trees, and the control of plants that spread onto neighboring lots may be required.
- Pools, patios, and decks. Plans are normally reviewed for location, drainage, and appearance.
- Noise and nuisance. Many declarations prohibit activity that disturbs neighbors, and local noise ordinances apply as well.
An application should be submitted and a written approval received before work begins.
Items That Cannot Be Seen From Outside the Lot
A limit that matters for backyards was added by section 720.3045. Regardless of the association's covenants or rules, and unless prohibited by general law or local ordinance, an association may not restrict owners or their tenants from installing, displaying, or storing items on a parcel that are not visible from the parcel's frontage, an adjacent parcel, an adjacent common area, or a community golf course. Artificial turf, boats, flags, vegetable gardens, clotheslines, and recreational vehicles are named in the statute as examples.
Visibility is the test. An item that can be seen from a neighbor's lot or from a common area is not protected by this section, and the community's rules still apply to it.
Landscaping, Flags, and Clotheslines
Several other statutes limit what an association may prohibit.
- Florida-friendly landscaping. Under section 720.3075(4), association documents may not prohibit a property owner from implementing Florida-friendly landscaping, as defined in section 373.185, on his or her land.
- Flags. Under section 720.304, up to two portable, removable flags from a list in the statute may be displayed in a respectful manner. The list includes the United States flag, the Florida flag, military service flags, POW-MIA flags, and first responder flags. The flags may be no larger than 4 1/2 feet by 6 feet. A freestanding flagpole no more than 20 feet high may be erected on the owner's property, as long as sightlines at intersections are not obstructed and the pole is not placed within an easement.
- Solar collectors and clotheslines. Under section 163.04, a declaration or covenant may not prohibit solar collectors, clotheslines, or other energy devices based on renewable resources. The location of solar collectors on a roof may be determined by the association within limits set by the statute, as long as their effective operation is not impaired.
How Rules Are Enforced
When a violation is found, a written notice is normally sent first and time is given to correct it. If a fine or a suspension of amenity use is proposed, at least 14 days' written notice and an opportunity for a hearing before a committee must be provided under section 720.305.
What Owners and Boards Should Do
For owners:
- The declaration, rules, and architectural guidelines should be read before a backyard project is planned
- An application should be submitted with drawings, materials, and a survey when one is required
For boards:
- Guidelines should be published and kept current with the statutes above
- Applications should be answered within the time stated in the governing documents
- The same standards should be applied to every lot, and decisions should be documented
Backyard rules should serve a clear purpose, such as safety, drainage, or a consistent appearance, and should be enforced evenly. More on how shared spaces are handled can be found in our post on
HOA practices for common areas, and the board's part in rule making is covered in
the role of the board of directors.
Questions About Your Community's Rules
Architectural applications, violation notices, and hearings are administered for the communities managed by Condominium Associates. For help with your association's process,
contact us.
