No. In Florida, HOA bylaws do not supersede Florida statutes. When a bylaw conflicts with state law, the statute controls and the bylaw is unenforceable, no matter what the governing documents say or how long the association has been enforcing the rule.1The Florida Legislature. Florida Statutes Chapter 720 – Homeowners Associations Chapter 720 governs homeowners’ associations directly, and every association and every member must comply with it.
That principle is simple. Applying it is where homeowners get tripped up, because many boards enforce restrictions that quietly violate state law and most owners never realize they have grounds to push back.
The Order of Authority Over Your HOA
Florida law follows a strict hierarchy. Anything lower on the ladder that conflicts with something higher is void.
At the top is the Florida Constitution.2Official Internet Site of the Florida Legislature. The Florida Constitution Below that are the Florida Statutes, including Chapter 720 for HOAs and Chapter 617 for the nonprofit corporation the association is organized under.3Justia. Florida Statutes Title XXXVI, Chapter 617 – Corporations Not for Profit Only below the statutes do the association’s own documents come in, and they have their own internal order:
- The Declaration of Covenants, Conditions, and Restrictions (CC&Rs), recorded against the property.
- The Articles of Incorporation, which create the association as a legal entity.
- The bylaws, which govern internal operations like elections and meetings.
- The rules and regulations, which cover day-to-day matters like parking and common areas.
Within that stack, higher documents control lower ones. If the bylaws contradict the CC&Rs, the CC&Rs win. If the rules contradict the bylaws, the bylaws win. And if any of those four contradicts a Florida statute, the statute wins. The hierarchy is not negotiable.
Bylaws Florida Law Frequently Overrides
The legislature has addressed several recurring conflicts head-on. If any of the following show up in your governing documents, the statute controls.
Solar Panels and Renewable Energy Devices
Florida Statute 163.04 prohibits any deed restriction, covenant, or binding agreement from banning solar collectors, clotheslines, or other renewable energy devices on residential property.4Florida House of Representatives. 2024 Statutes 0163.04 – Energy Devices Based on Renewable Resources An HOA can adopt reasonable placement rules, but only where those rules do not impair the system’s performance. A flat ban is unenforceable no matter what the CC&Rs say. The statute also awards attorney fees and costs to the prevailing party, so a board that fights an owner over solar often ends up paying both sides’ legal bills.
Architectural Review
Under Florida Statute 720.3035, the association’s architectural authority only reaches as far as the CC&Rs specifically grant or reasonably imply.5Florida Senate. Florida Statutes 720.3035 – Architectural Control Covenants; Parcel Owner Improvements; Rights and Privileges A board cannot invent new restrictions. If the declaration offers choices of materials, designs, or placement, the board cannot narrow those choices. The statute also bars regulation of interior changes not visible from the street, an adjacent parcel, a common area, or a community golf course. And when a board denies a request, it has to give the owner a written explanation identifying the specific rule relied on and the part of the proposal that does not conform. A denial with no reasons violates the statute.
Access to Records
Section 720.303 requires the association to make its official records available to any parcel owner within 10 business days of a written request.6Florida Senate. Florida Code 720.303 – Association Powers and Duties Official records include financial and accounting records, meeting minutes, contracts, insurance policies, the member roster, governing documents, and election materials. Records must be kept for at least seven years and stored in Florida, within 45 miles of the community.
If the association fails to provide access within 10 business days after a certified-mail request, the law presumes the failure was willful. The owner can recover actual damages or minimum damages of $50 per calendar day, starting on the eleventh business day.7Florida Senate. Chapter 720 Section 303 – Florida Statutes A bylaw that adds conditions to this right, limits it, or shortens the records list is unenforceable.
Fines
Section 720.305 caps fines at $100 per violation per day, with a $1,000 aggregate cap on any single violation unless the governing documents authorize higher amounts.8Florida Senate. Chapter 720 Section 305 – Florida Statutes Before any fine can be imposed, the homeowner is entitled to at least 14 days’ written notice and a hearing before a committee of at least three members who are not officers, directors, or employees of the association. If you cure the violation before the hearing, the fine cannot be imposed. Owners get 30 days to pay any fine that is upheld. The legislature specifically barred fines for leaving garbage cans out within 24 hours of collection and for holiday decorations unless they remain more than a week past the deadline and the association gives written notice.
Discriminatory Restrictions
Section 720.3075 voids discriminatory clauses in association documents based on race, religion, national origin, and other protected characteristics, and it lets an association extinguish them from the recorded record.9Florida Senate. Florida Statutes 720.3075 – Prohibited Clauses in Association Documents Enforcement of a discriminatory restriction also exposes the association to liability under the federal Fair Housing Act.
Federal Laws That Also Beat Bylaws
State statutes are not the only laws that override an HOA. Two federal protections come up regularly in Florida.
The FCC’s Over-the-Air Reception Devices rule, at 47 C.F.R. Section 1.4000, prohibits associations from restricting satellite dishes one meter or smaller and certain television antennas installed on property the homeowner has exclusive use or control over.10Federal Communications Commission. Over-the-Air Reception Devices Rule A restriction violates the rule if it unreasonably delays installation, unreasonably increases cost, or blocks an acceptable signal. Narrow exceptions exist for safety and historic preservation, and even those must go no further than necessary.
The Freedom to Display the American Flag Act of 2005 prevents any residential association from restricting a member’s display of the U.S. flag on property they own or exclusively possess.11Office of the Law Revision Counsel. 4 USC 5 – Display and Use of Flag by Civilians Reasonable time, place, and manner conditions are allowed to protect a substantial interest. An outright ban is not.
What to Do When Your HOA Enforces an Illegal Bylaw
Knowing a bylaw is unenforceable and getting it stopped are two different things. Florida law channels most disputes through a specific process, and skipping steps can cost you the right to recover attorney fees.
Pre-Suit Mediation
For most disputes between owners and associations, Florida Statute 720.311 requires the aggrieved party to serve a written demand for pre-suit mediation before filing suit.12Official Internet Site of the Florida Legislature. Florida Statutes 720.311 – Dispute Resolution Covered disputes include use of or changes to a parcel, common area disputes, covenant enforcement, amendments, meeting procedures, and access to records. The other party has 20 days to respond. If mediation is not scheduled and completed within 90 days, the parties reach an impasse and can go to court. The mediator’s costs are split equally unless the parties agree otherwise.
The teeth: a party that refuses to participate in mediation and then sues cannot recover attorney fees even if it wins. That rule applies to owners and associations alike.
Not every dispute goes through mediation. Collection actions for unpaid assessments and fines are excluded, along with actions to enforce a prior mediation settlement. When emergency relief is needed, you can seek a temporary injunction without completing mediation first.
Election and Recall Disputes Go to the DBPR
Election and recall disputes are on a separate track. They are arbitrated through the Department of Business and Professional Regulation or filed directly in court, and they are excluded from pre-suit mediation.12Official Internet Site of the Florida Legislature. Florida Statutes 720.311 – Dispute Resolution The DBPR filing fee is at least $200.
The DBPR Does Not Investigate Most HOA Complaints
This trips up a lot of homeowners. The DBPR has broad investigative authority over condominium associations under Chapter 718, but it does not have authority to investigate complaints under Chapter 720.13DBPR Condominiums, Timeshares, and Mobile Homes. Homeowners Associations For HOAs, the DBPR’s role is limited to arbitrating election and recall disputes. If your problem is anything else, filing a DBPR complaint will not help. Your route is pre-suit mediation followed by state court.
What You Can Recover
The prevailing party in HOA litigation is entitled to recover attorney fees and costs.12Official Internet Site of the Florida Legislature. Florida Statutes 720.311 – Dispute Resolution In DBPR arbitration, the prevailing party also recovers reasonable costs and filing fees. Beyond fees, specific violations carry their own remedies: $50-per-day damages for records violations, unenforceability of fines imposed without proper notice and hearing, and attorney fees under Section 163.04 for improper solar restrictions.
The bottom line for anyone reading their bylaws and finding language that seems to conflict with Chapter 720 or another Florida statute: the statute controls, the bylaw does not, and the process for enforcing that answer runs through written records requests, a demand for mediation, and, if it comes to it, state court.