What Your Florida HOA Can and Cannot Restrict

Your HOA can restrict a great deal — but not everything, and Florida law has drawn some firm lines. The trouble is that most homeowners can't tell which side of the line their situation falls on, and a lot of what's written online is either out of date or written by companies selling management services.

Here's the general test, and then each common restriction in turn.

The general test

A restriction is valid in Florida when both of these are true:

1. It's in your recorded declaration (or in rules the declaration authorizes the board to make), and
2. It doesn't conflict with a state statute that protects the thing being restricted.

That second point is where Florida has stepped in. The Legislature has decided that certain things — solar panels, flags, hurricane protection, a pickup truck in your own driveway — are protected enough that an HOA can't ban them outright, even if the declaration tries to.

If a restriction isn't in your declaration at all, that's a separate problem for the HOA — see unenforceable HOA rules in Florida for that angle. This guide is about what the HOA can restrict when it has followed the rules.

Parking and vehicles — what HB 1203 changed

This is the area that changed most recently, and several pages still ranking on Google predate the change.

Your driveway vs. the street. The distinction that decides most parking disputes is whether the vehicle is on your own property or on a road, and whether that road is private (owned by the association) or public. An HOA has broad authority over its own private roads and common areas. Its authority over a public street is far weaker — public roads are generally the local government's jurisdiction, not the association's.

Pickup trucks and work vehicles. Under §720.3075(3)(d), association documents may not prohibit a homeowner, tenant, guest, or invitee from parking a personal vehicle — including a pickup truck — in the owner's own driveway, and may not prohibit a work vehicle that is not a commercial motor vehicle there either, regardless of any official insignia or visible designation. This is the provision most worth knowing: the classic "no trucks in the driveway" rule is unenforceable in Florida.

What counts as "commercial." The line the statute draws is not about how the vehicle looks — it's the definition of "commercial motor vehicle" in §320.01(25), which §720.3075(3)(d) cross-references. A vehicle is commercial if it has a gross vehicle weight of 26,001 pounds or more, has three or more axles regardless of weight, or is used in a combination exceeding 26,001 pounds. A pickup or work van below that threshold is a personal or work vehicle for driveway purposes, no matter what's painted on the side.

RVs, boats, and trailers. These are generally still restrictable — the driveway protection covers personal and non-commercial work vehicles, not recreational vehicles and trailers. An HOA can typically require these be kept out of view or off the property.

Guest parking. An association can set reasonable rules for guest parking in its common areas and on its private streets. On public streets, its reach is limited.

Pets

Florida does not have a general statute telling HOAs what pet rules they may set. Pet restrictions — breed, size, number, weight — live in your recorded declaration, and where they're properly recorded, they're generally enforceable. (A 2023 Florida law limited local governments from banning specific dog breeds, but that restricts city and county ordinances, not what an HOA may put in its own declaration.)

There is one major exception, and it comes from federal law, not Florida law: under the Fair Housing Act, an association must make a reasonable accommodation for a service animal or emotional-support animal, even where a "no pets" or breed/size rule would otherwise apply. That's a documented accommodation process, not a loophole — but it's a real and enforceable right.

So the honest answer to "how do I get around my HOA's pet restriction" is usually: you don't, unless you have a legitimate accommodation need, in which case the law is on your side.

Rentals and short-term lets

Rental restrictions are one of the more actively litigated areas, and Florida has specific rules under §720.306(1)(h) about how an association can impose them.

The consent rule. A governing document or amendment enacted after July 1, 2021 that prohibits or regulates rental agreements applies only to an owner who acquires title after its effective date, or who consents to it. An owner who already held title before the change is generally not bound by it.

The short-term exception. There is one important carve-out in the same subsection: an association may amend its documents to prohibit or regulate rentals for a term of less than six months, and may prohibit renting a parcel more than three times in a calendar year — and these amendments apply to all owners, without the consent rule above. In other words, Florida gives associations a clear path to restrict short, high-turnover rentals even against existing owners.

Hurricane shutters and storm protection

Florida protects your ability to protect your home. Under §720.3035(6), an association's board adopts specifications for hurricane protection — shutters, impact-resistant windows and doors, and similar products — and then may not deny an application that conforms to those specifications. This applies to all Florida HOAs regardless of when the community was created.

So the HOA can regulate what the protection looks like (color, style, approved products), but it cannot simply refuse to let you protect your home.

Solar, flags, and other protected installations

Two more the Legislature has protected:

• Solar collectors and renewable-energy devices are protected under §163.04. An HOA generally cannot prohibit them, though it may have limited say over roof placement — it can require a location within the south-facing range (within 45° east or west of due south) as long as that doesn't impair the system's effective operation.
• Flags. Under §720.304(2), you may display up to two portable flags (each no larger than 4½ by 6 feet), and you may erect a freestanding flagpole up to 20 feet regardless of what the declaration says.

Paint colors, landscaping, and architectural review

Here the HOA's authority is generally strong. Architectural review — exterior paint colors, landscaping standards, fences, additions — is a core function that declarations almost always authorize, and Florida hasn't carved out homeowner protections the way it has for solar or flags.

The limits are procedural rather than substantive: the review has to follow the process in your documents, it can't be applied selectively, and it can't exceed the authority the declaration actually grants. A denial that's arbitrary, inconsistent, or outside the documented standards is challengeable — but "the HOA can regulate my paint color" is, as a general matter, true.

Frequently asked questions

What is the new HOA parking law in Florida? Under HB 1203 and §720.3075(3)(d), a Florida HOA cannot prohibit a personal vehicle — including a pickup truck — or a non-commercial work vehicle from being parked in the owner's own driveway. Recreational vehicles and trailers can still generally be restricted.

Can an HOA tow my car from my driveway in Florida? Not for being a pickup truck or personal vehicle — that's protected in your own driveway. Towing authority is strongest on the association's private roads and common areas and weakest on public streets.

Can an HOA enforce parking rules on a public street? Generally not directly. Public streets are the local government's jurisdiction, not the association's. An HOA's parking authority is strongest on the private roads and common areas it controls.

Can my HOA restrict pets? Yes, if the restriction is in your recorded declaration. The exception is federal: an association must reasonably accommodate a service or emotional-support animal under the Fair Housing Act even when a pet rule would otherwise apply.

Can my HOA stop me from renting my home? It can impose rental restrictions under §720.306(1)(h). An amendment adding or tightening them generally binds only owners who consented or who bought after it took effect — except that restrictions on rentals under six months, or on renting more than three times a year, can apply to everyone.

Is there a "5-year rule" that stops my HOA enforcing old violations? Partly, and it's widely misunderstood. Florida's five-year limitation on written contracts (§95.11(2)(b)) applies to a lawsuit to enforce a covenant, and a recorded lien must be foreclosed within five years. But that time limit governs court actions — it does not stop an association from using its internal tools, like fining or suspending privileges, for an older violation, provided it follows due process. "The HOA can't touch me after five years" is not a safe assumption.

Learn more

• Unenforceable HOA Rules in Florida
• What Happens If You Don't Pay an HOA Fine in Florida
• Florida HOA Laws
• Living in a Florida HOA
• Florida Statute 720.3075 — prohibited clauses
• Florida Statute 720.306 — meetings, rental restrictions

Statutory content on this page was last verified against the 2025 Florida Statutes on 2026-07-24. Confirm current statute text at flsenate.gov before relying on it.