It is certainly no secret the architectural review board of a homeowners’ association can often be a center of disagreement for communities.
A simple search finds endless stories about a homeowner in dispute with the association over a decision of the ARB.
Here is a perfect example of one in Bradenton over a fence. There, the fence that was built did not match the sketch provided to the board. The neighbors complained because the new fence blocked their view of a retention pond.
That case went all the way to the district court of appeals, which ruled the fence would stay – a costly fight for the homeowner and the association.
The new HOA law which takes effect on July 1, works to improve the process of approvals and denials from a community’s architectural review boards, adding new statutes that give homeowners more transparency on their applications and more freedom to make changes to their homes.
The attorneys at The Orlando Law Group represent more than 100 communities in Central Florida. If you live in Orlando, Winter Garden, Altamonte Springs, Kissimmee or anywhere throughout Central Florida, The Orlando Law Group is ready to help you.
Equity in Treatment
Anyone who lives in a community with an association probably knows about the architectural review board. Usually made up of community members, this board makes judgment calls on improvements requested to be made by homeowners.
This often includes things like the color of paint on the house, new fences, outside renovations and anything else that can be seen from the street or common area.
It seems like most people would do this regardless, but the state statute now specifically says the architectural review board must make decisions the same for all homeowners.
This is important because of human emotions that play into the decisions we all make. Perhaps a new ARB member has a personal dislike of a particular color or is friends with someone trying to do something unique to their house. The new law takes subjectivity out of the equation.
Clotheslines, gardens, HVAC and interiors
One of the biggest changes to laws governing associations is limiting what the association can govern to only changes that can be seen from the road.
Last session, the legislature made it a law that associations can not regulate the things that couldn’t be seen from the parcel’s “frontage or an adjacent parcel.” The statute included artificial turf, boats, recreational vehicles and flags.
This session, those items were expanded to include clotheslines and vegetable gardens In addition, the statute was changed to allow an HOA to regulate those items if they can be seen from “an adjacent common area or a community golf course.”
Along those same lines, associations are prohibited by law from restricting changes to the interior of the home, as long as it is not visible from those same areas. Frankly, this could cause issues, particularly with garage changes.
Many homeowners convert garages into extra bedrooms or other spaces, like a music room. The question will be settled in courts as to whether limited visibility – like when a garage door is open – is included.
Finally, the association is now prohibited from forcing a homeowner to make changes to the air conditioning system in a house, as long as it is not visible and is similar to the existing system.
Required follow up
Finally, there should be no doubt about why a request was denied by an architectural review board per the state law.
If an ARB denies a request, the association “must provide written notice to the parcel owner stating with specificity the rule or covenant on which the association or committee relied when denying the request or application and the specific aspect or part of the proposed improvement that does not conform to such rule or covenant.”
Of course, this should be easy, but it could be the start of a legal battle if not performed correctly. It’s best if the association’s legal team sends the notice to ensure there is no ambiguity on why the request was denied.
What to do now?
Remember, this law takes effect on July 1. Every association should review its covenants and bylaws to ensure they are compliant with the new regulations. If there are any covenants that cover items in the backyard or interior of the house, they should be taken out or made clearer.
In addition, associations should develop procedures that ensure equity in all decisions made by the ARB, along with the procedures for sending out written notices for any denial of ARB applications.
The attorneys at The Orlando Law Group can help association board members and managers in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Last Updated on June 12, 2024 by The Orlando Law Group
