Can my Florida HOA require a building permit before reviewing my plans?

No, not since July 1, 2026. Under section 720.3035 as amended by HB 803, an association or its architectural committee cannot require a government building permit as a condition for review. It can approve the project on the condition that you obtain any permit the local government requires.

Do I need HOA approval if I already have a building permit?

Usually, yes, if your community's declaration gives the association architectural control over that type of change. A permit shows the work meets code; it does not show the work meets your community's rules.

Does my HOA have to approve a kitchen remodel?

Florida law does not let an HOA regulate interior work that cannot be seen from the front of the lot, neighboring lots, common areas or a community golf course. A remodel that does not change the exterior generally does not need design approval, but community rules on work hours, parking and dumpsters can still apply, and the city may require a permit.

Can my HOA refuse impact windows or hurricane shutters?

Not if your application meets the hurricane protection specifications the association is required to adopt. Florida HOAs must have those specifications, and the board cannot deny a conforming application, though it can require that the look match the community's existing scheme.

What if my HOA denies my request?

The association must give you written notice identifying the specific rule or covenant it relied on and the part of the project that does not comply. That lets you revise the plan or challenge the decision. For disputes, talk to a Florida attorney who handles community association law.

HOA Approval and Building Permits in Florida: What Changed in 2026 and What Order to Do Things In

The short answer

Since July 1, 2026, a Florida homeowners association cannot require you to get a building permit before it reviews your plans, although it can approve them on the condition that you get any permit the city or county requires. HOA approval and the building permit are separate: the HOA decides whether the project fits the community's rules, and the building department decides whether it meets code. You usually need both, and you can now pursue them at the same time.

For years, a lot of South Florida homeowners got stuck in a loop. The HOA wanted to see a permit before it would look at the plans. The homeowner did not want to pay for permit drawings and fees on a project the HOA might reject. Some people gave up, and some built without asking, which is how small projects become fines, liens and arguments with neighbors.

Florida changed the rule this year. Here is what is different, what your association still controls, and how we sequence approvals on a typical remodel or addition in a community with an HOA.

Two approvals that answer different questions

HOA approval vs building permit
	HOA architectural approval	Building permit
Who decides	The association's board or architectural review committee	Your city's building department, or the county for unincorporated areas
What they check	Whether the project fits the declaration and the community's published guidelines: look, color, materials, location	Whether the project meets the Florida Building Code, zoning and flood rules
Where the rules come from	Your community's declaration and guidelines, within the limits of Chapter 720, Florida Statutes	State building code and local ordinances
What happens if you skip it	Violation notices, fines, possible orders to remove the work, and legal costs	Stop-work orders, fines, after-the-fact permit costs, and problems when you sell or insure

One approval never replaces the other. An HOA approval does not make unpermitted work legal, and a city permit does not override your community's architectural rules.

What changed on July 1, 2026

House Bill 803, signed in May 2026, amended Florida's HOA architectural control statute, section 720.3035. Associations and their architectural committees may no longer require a building permit issued by a government authority as a condition for reviewing your plans.

The association can still approve your project on the condition that you get whatever permits the local government requires. In practice that is the sensible arrangement anyway: the HOA approves the design, the building department approves the construction, and neither waits on the other.

What your HOA can and cannot control

An HOA's architectural authority comes from its declaration and published guidelines, and it has to apply them the same way to every owner. On top of that, Florida law now sets some limits:

Interiors out of view. Since 2024, an association cannot regulate the inside of a structure that cannot be seen from the front of the lot, a neighboring lot, a common area or a community golf course. A kitchen or bathroom remodel that does not change the outside generally does not need HOA design approval, although the community may still have rules about contractor hours, parking and dumpsters.
Replacement air conditioning. An association cannot require approval for a central AC or heating system that is not visible from those same places and is substantially similar to one it has already approved or recommended.
Choices it already offers. If the governing documents allow several options for materials, size, design or location, the association cannot stop you from choosing among them.
Written reasons for a denial. If the association turns down your request, it has to tell you in writing which rule or covenant it relied on and which part of your plan does not comply.

Hurricane protection gets special treatment

Every Florida HOA must adopt hurricane protection specifications, which can cover things like color and style but must follow the building code. If your application to install, upgrade or replace hurricane protection meets those specifications, the board cannot deny it. The association can still require that the work match an existing unified look for the community.

The law defines hurricane protection broadly: impact windows and doors, permanent and roll-down shutters, polycarbonate panels, reinforced garage doors, certain roof systems, erosion controls, and fixed exterior generators and their fuel tanks. For South Florida owners, this is the most useful part of the statute. Ask your association for its written specifications before you order windows or a garage door, and pick products that match them.

The order we use on HOA projects

Read the rules first. Get the declaration, the architectural guidelines, the hurricane protection specifications and the application form. Note any required documents, fees, deposits and meeting dates.
Design to the rules. Choose colors, materials and placement from what the guidelines allow. It is much cheaper to change a drawing than a finished wall.
Apply to the HOA and the building department in parallel. Since July 2026, the HOA cannot hold your review hostage to a permit, so both can move at once. Submit the same drawings and product information to both so they match.
Keep the paperwork aligned. If the city asks for a change during plan review that affects the outside, tell the HOA. If the HOA approves with conditions, make sure the permit drawings reflect them.
Build what was approved. Changes in the field that affect the exterior may need a new approval from either side. Written change orders help keep everyone on the same version.
Close both out. Pass the final inspection, then send the association anything it asks for at completion, such as photos, a final inspection record or a request to release a deposit.

How long HOA review takes

The state statute does not set a single deadline for HOA review, so timing comes from your community's own documents and how often its committee meets. Some associations act within a couple of weeks; others meet monthly. Ask for the schedule up front and build it into the project timeline, along with the building department's review time.

The bottom line

The 2026 change removes one of the most frustrating delays in South Florida remodeling, but it does not remove the need for either approval. Start with the rules, design to them, and run both approvals at the same time. We prepare HOA submittals and permit drawings together on additions, renovations and impact window and door projects, and we pull the permits. If your community has an HOA and you are planning work, tell us about it.

Quick questions

Can my Florida HOA require a building permit before reviewing my plans?: No, not since July 1, 2026. Under section 720.3035 as amended by HB 803, an association or its architectural committee cannot require a government building permit as a condition for review. It can approve the project on the condition that you obtain any permit the local government requires.
Do I need HOA approval if I already have a building permit?: Usually, yes, if your community's declaration gives the association architectural control over that type of change. A permit shows the work meets code; it does not show the work meets your community's rules.
Does my HOA have to approve a kitchen remodel?: Florida law does not let an HOA regulate interior work that cannot be seen from the front of the lot, neighboring lots, common areas or a community golf course. A remodel that does not change the exterior generally does not need design approval, but community rules on work hours, parking and dumpsters can still apply, and the city may require a permit.
Can my HOA refuse impact windows or hurricane shutters?: Not if your application meets the hurricane protection specifications the association is required to adopt. Florida HOAs must have those specifications, and the board cannot deny a conforming application, though it can require that the look match the community's existing scheme.
What if my HOA denies my request?: The association must give you written notice identifying the specific rule or covenant it relied on and the part of the project that does not comply. That lets you revise the plan or challenge the decision. For disputes, talk to a Florida attorney who handles community association law.

Sources

This article is general information, not legal advice. Building departments in Miami-Dade, Broward and Palm Beach counties set their own procedures, so confirm the requirements for your property with your local building department.

Scott Rosenberg

Florida Certified General Contractor, CGC1541479

Scott qualifies Rosemont Ventures Group LLC and has worked in general contracting since 1998. He writes Building Blocks to answer the questions South Florida owners ask before they build. Verify the license.