The Role of Architectural Review Committees in Florida HOAs

In Florida homeowners’ associations (HOAs), maintaining a consistent and aesthetically pleasing community environment is critical to promoting harmony among neighbors. One of the primary tools used to achieve this goal is architectural control — the review and regulation of changes or improvements to properties within the community.

At the heart of this process is the Architectural Review Committee (ARC or ACC), which serves as a gatekeeper of community standards. Florida Statute §720.3035 provides a detailed legal framework for how architectural standards must be adopted, applied, and enforced, ensuring that both homeowners and associations operate within a fair and transparent system.

Purpose of Architectural Review Committees

Architectural control helps safeguard the original vision and design intent of a planned community. Without oversight, homeowners might make property alterations that clash with the neighborhood’s character or negatively affect nearby properties. From exterior paint colors and fence designs to landscaping and home additions, even minor changes can have significant impacts. Architectural guidelines, when properly drafted and enforced, provide clear expectations, minimize disputes between neighbors, and some have said may protect property values.

Florida Statute §720.3035 governs adoption and enforcement of HOA architectural control standards. Enacted to bring structure, clarity, and fairness to architectural review processes, the statute requires HOAs to base architectural decisions on objective, properly adopted written standards — not on subjective preferences. This statute emphasizes transparency, predictability, and consistency, mandating that any restrictions or conditions on architectural changes must be expressly set out in the association’s governing documents or in duly adopted board-approved rules.

Under §720.3035(1), any architectural standard used to approve or deny a homeowner’s modification must be based on written, adopted standards. Associations cannot reject a request based on unwritten rules or board members’ personal preferences. If the governing documents grant the board authority to adopt rules regarding architectural decisions, those rules must be adopted at a duly noticed board meeting and recorded in the association’s official records.

Proper Use of ARC/ACC

Architectural guidelines should be objective, measurable, and predictable. For example, rather than saying fences must be “attractive,” a guideline should specify acceptable materials (e.g., black aluminum), maximum height (e.g., 4 feet), and placement (e.g., rear yard only). This level of detail not only helps homeowners understand what is allowed but also limits the association’s liability by reducing subjective judgment.

To maintain homeowner trust and reduce legal exposure, associations must apply architectural guidelines consistently. Boards should document all decisions, reference the applicable standard, and ensure that similar requests are treated the same. Transparency also requires timely responses to applications, with clear explanations when a request is denied.

Language that relies on undefined terms like “tasteful,” “harmonious,” or “in keeping with the neighborhood” can invite disputes and legal challenges. Such standards are inherently subjective and may not satisfy the statutory requirement that architectural decisions be based on objective and uniformly applied criteria.

Although the board of directors often has final decision-making authority, many associations delegate architectural review duties to a separate ARC/ACC. This committee can help streamline processes, share the workload, and ensure that architectural review is carried out by individuals with relevant experience or interest.

The governing documents typically outline the process for establishing and appointing members to the ARC/ACC. The board must ensure that the committee is properly formed and empowered under the association’s declaration, bylaws, or articles. If not, the committee may lack the legal authority to act. Some declarations permit the board to delegate architectural review authority to an ARC/ACC, while others require the board to retain final approval rights. HOAs should closely review their documents to determine the proper structure and ensure that delegation is legally valid.

To function effectively, the ARC/ACC should adopt a written charter outlining its scope of authority, procedures, and meeting rules. Like board meetings, ARC/ACC meetings should be noticed and recorded appropriately, particularly when decisions are being made that affect homeowners’ rights.

Typically, homeowners submit a written application with required documents (e.g., site plans, material samples). The board or ARC/ACC  then evaluates the application against the written guidelines. Once reviewed, the association must provide written approval or denial, with reasons stated if the request is denied.

Response Protocol for ARC

While section 720.3035 does not establish a specific response timeline, many declarations do. If the governing documents are silent, associations must respond within a reasonable time. Associations must also maintain copies of all applications, approvals, and correspondence for their records. Incomplete applications should be returned promptly with a clear list of missing items. If a request does not comply with standards, the association should offer a reasoned explanation and, where appropriate, suggest acceptable alternatives.

Additionally, all decisions must be communicated in writing. Associations should maintain a central file of applications and decisions to ensure consistency and prepare for potential disputes or litigation.

Section 720.3035 confirms that enforcement of architectural guidelines must align with the association’s governing documents. If a homeowner makes an unapproved or non-compliant modification, the association may pursue enforcement through cease-and-desist letters, fines (if authorized), or legal action. Before taking enforcement action, associations should offer the homeowner an opportunity to cure the violation. Fines and suspension of use rights require compliance with procedural due process under §720.305.

Consistent enforcement is crucial to avoid claims of selective enforcement or waiver. If the association has previously ignored similar violations, its ability to enforce against a new violation may be compromised. If disputes cannot be resolved amicably, mediation or arbitration is often required before litigation, in accordance with Florida’s pre-suit dispute resolution procedures. Associations should consult legal counsel to ensure compliance and proper documentation.

Conclusion

Architectural review is a vital function in Florida HOA communities, supporting the preservation of community aesthetics. However, associations must operate within the legal framework established by §720.3035, Florida Statutes. By adopting clear, objective standards, empowering an ARC/ACC with proper authority, processing requests fairly, and enforcing guidelines lawfully, associations can protect their communities while minimizing legal risk.

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