Do You Need HOA Approval for a New Roof in Florida?

The basics

Do you need HOA approval to replace a roof in Florida?

Usually yes, if your community has an architectural review rule. But the board only has the power its own documents give it, and Florida law limits how it uses that power.

A homeowners' association (HOA) is a neighborhood group that enforces shared rules called covenants. Most Florida HOAs have an architectural review committee, often called the ARC. It checks changes to the outside of your home before you start. A new roof counts when your documents say it does. Roof material, color and style are common items on that list.

Florida Statute 720.3035 sets the ground rules for these committees. The committee's authority to review and approve plans, or to enforce standards for how a home looks from outside, "shall be permitted only to the extent" it is "specifically stated or reasonably inferred" in the declaration of covenants or the published guidelines the declaration allows. In plain words, the board cannot invent a rule that is not in your documents.

The same statute says the board must "reasonably and equitably" apply those standards to every owner. It cannot wave one neighbor through and stop another over the same roof.

This page covers homeowners' associations under Chapter 720. Condominium associations and some townhouse groups follow different rules. See who is responsible for the roof in a condo or townhouse if that is you.

Hurricane rules

Can an HOA stop a hurricane-rated roof in Florida?

Not if the roof meets the specifications the board itself adopted. Every HOA in the state has to adopt written hurricane protection specifications.

Subsection (6) of 720.3035 applies to all homeowners' associations in the state, "regardless of when the community was created." The board or its architectural committee "must adopt hurricane protection specifications" for each structure. Those specifications must comply with the applicable building code.

Then comes the part that matters most to a homeowner. Notwithstanding anything in the governing documents, the board "may not deny an application for the installation, enhancement, or replacement of hurricane protection" that conforms to those specifications.

The statute defines hurricane protection broadly. It lists, among other items, "roof systems recognized by the Florida Building Code which meet ASCE 7-22 standards," along with storm shutters, impact-resistant windows and doors, and reinforced garage doors. ASCE 7-22 is the engineering standard for wind loads that the building code uses. Read the list as examples, because the statute says the term "includes, but is not limited to" them.

Two cautions. First, this protects an application that matches the board's adopted specifications. If your board has not written them yet, ask for the current version in writing. Second, the board can still enforce its unified look, so the color and style may have to match what the community allows.

The Florida Building Code, 8th Edition (2023), has been in effect since December 31, 2023. For what it requires of a roof here, see Florida Building Code roofing requirements.

If you are denied

What can you do if the HOA denies your roof?

Ask for the reason in writing. Florida law requires the board to name the rule it relied on and the exact part of your plan that does not conform.

When the association or its committee denies a request, 720.3035(4)(a) says it "must provide written notice" that states "with specificity" the rule or covenant it relied on and the specific aspect of the proposed improvement that does not conform. A vague "not approved" letter does not meet that standard.

The statute also bars the board from enforcing a policy that is inconsistent with the declaration or the published guidelines, whether it applies that policy to everyone or not (720.3035(5)). It cannot lean on an unwritten rule when it defends a decision against you.

One more fact saves frustration. The state's Division of Condominiums, Timeshares, and Mobile Homes says it arbitrates election and recall disputes for HOAs but "does not have authority to investigate complaints under Chapter 720." So a roof dispute does not go to that office. It goes through the association, mediation and, if needed, court.