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We'll show you what Florida law and your governing documents require — before and after alterations.
🏠 Resident / Owner
Florida Statute § 718.113 · § 720.3035
Windows, doors, and patio enclosures typically affect common elements or the building exterior — and almost always require approval.
In Florida condominiums, the exterior of the building — including windows and doors — is typically a common element maintained by the association. Replacing or modifying these elements almost always requires board approval as a material alteration. Patio enclosures similarly affect the building exterior and require approval. Doing this work without approval can result in fines and a requirement to restore the original condition at your own cost.
Read Florida Statute § 718.113 →
The Right Process — Before You Start
1
Read your Declaration first. Find the provisions that define unit boundaries and common elements. Understand exactly what you own versus what the association owns. Windows and exterior doors are often common elements — not unit property.
2
Submit a written alteration request to the board. Include what you want to do, the materials, the contractor, and any product specifications. Do this before purchasing anything or signing any contractor agreement.
3
Get written approval before starting work. Verbal approval from a board member is not enough. Get it in writing. Keep a copy permanently.
4
Pull all required permits. Window and door replacements in Florida typically require building permits. Your contractor should pull these — if they say you don't need one, get a second opinion. Unpermitted work can cause major problems when you sell.
If you already did the work without approval: Stop any remaining work immediately. Submit a retroactive approval request to the board in writing. Do not ignore HOA notices — this can escalate to a lien. The board may require restoration at your cost, but a retroactive approval request demonstrates good faith.
This is general legal information, not legal advice. The definition of what requires approval varies by community. Review your specific Declaration and consult a Florida HOA attorney if you receive a demand to restore work you already completed.
🏠 Resident / Owner
FCC Over-the-Air Reception Devices Rule (OTARD) · Florida Statute § 718.113
Federal law protects your right to install satellite dishes in certain locations — even over HOA objection.
The FCC's Over-the-Air Reception Devices (OTARD) rule prohibits HOAs from unreasonably restricting the installation of satellite dishes and antennas used to receive video programming. This federal rule generally protects dishes up to one meter in diameter installed in areas you exclusively control — your balcony, patio, or unit interior. However, dishes in common areas are not protected by OTARD and can be restricted by the HOA.
Read the FCC OTARD Rule →
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Satellite Dish Rights
- Federal OTARD rule protects dishes up to 1 meter in your exclusive space
- HOA cannot ban dishes on your balcony or patio outright
- HOA can impose reasonable restrictions — placement, appearance, safety
- HOA cannot require you to get prior approval if it unreasonably delays installation
- Dishes in common areas (roof, exterior walls) are NOT protected and can be banned
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Security Cameras — More Complex
- Cameras inside your unit — generally no HOA restriction
- Cameras on your door or patio — check your governing documents
- Cameras that capture common areas — likely require board approval
- Cameras that record neighboring units or common spaces raise privacy concerns
- Most boards require approval for any camera visible from outside the unit
Best Practice Before Installing Either
- Submit a written request to the board describing the installation
- For satellite dishes — cite the FCC OTARD rule if the board tries to deny outright
- For cameras — be prepared to describe exactly what area will be captured
- Keep records of all communications with the board about the installation
This is general legal information, not legal advice. The OTARD rule has nuances and exceptions. For significant disputes about satellite dish installation rights, consult a Florida HOA attorney or file a complaint with the FCC.
🏠 Resident / Owner
Florida Statute § 718.113 · Florida Building Code
Plumbing and electrical work in condominiums affects shared systems — and Florida law requires licensed contractors and permits for most of this work.
In Florida condominiums, plumbing and electrical systems often serve multiple units and are partially common elements. Work on these systems requires licensed contractors, building permits, and often HOA approval. Unpermitted work can void your homeowner's insurance, create liability if it damages neighboring units, and must be disclosed when you sell. The Florida Building Code requirements apply regardless of what the HOA does or doesn't enforce.
Why Unpermitted Work Is Serious
- Voids homeowner's insurance for damages caused by the unpermitted work
- Creates personal liability if your work damages a neighbor's unit
- Must be disclosed to buyers — can kill a sale or reduce your price
- County can require you to open walls to inspect and bring to code — at your cost
- HOA can require restoration of affected areas
- Criminal penalties possible for unlicensed contractor work in Florida
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The Right Way to Do Plumbing or Electrical Work
- Hire only Florida-licensed contractors — verify license at myfloridalicense.com
- Require the contractor to pull all required permits
- Submit an alteration request to the board before work begins
- Allow required county inspections — do not cover work before it is inspected
- Keep copies of all permits and inspection sign-offs permanently
This is general legal information, not legal advice. If you have unpermitted work in your unit, consult both a Florida licensed contractor and a Florida real estate attorney before selling or making any disclosures.
🏠 Resident / Owner
Florida Statute § 720.3035 · § 718.113
Landscaping in common areas and limited common elements is association property — not yours to modify without approval.
In most Florida HOA and condo communities, landscaping in common areas — including areas immediately adjacent to your unit — is association property maintained by the association. Planting, removing, or significantly modifying vegetation in these areas without approval is an alteration of common elements. Florida also has specific protections for certain native plants and trees that affect what associations can require owners to remove.
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Before You Plant or Remove Anything
- Check your Declaration to understand what areas you control versus common elements
- Submit a written landscaping request for any changes outside your unit's interior
- Check if your community has an approved plant list
- In coastal Pinellas communities — check for sea oat and native plant protections
- Removing a tree may require both HOA approval and a county tree removal permit
Special Florida Considerations
- Florida law limits HOA authority to prohibit Florida-friendly landscaping in some situations
- Florida Statute § 373.185 relates to water-efficient landscaping — HOAs cannot always prohibit it
- Sea oats and certain coastal plants are protected by Florida law — removing them can carry significant fines from the state, not just the HOA
- Invasive plants you add can become your liability if they spread to common areas
This is general legal information, not legal advice. Landscaping rules vary enormously by community and location. In coastal Pinellas communities, state environmental regulations may overlap with HOA rules. When in doubt, ask before you plant or remove.
📋 Board Member
Florida Statute § 718.113 · § 720.3035
The board has authority to require restoration — but must follow due process before imposing any remedy.
Florida law gives the association authority to enforce its alteration approval requirements — including requiring restoration of unauthorized work. However, demanding restoration is a significant and costly remedy that courts scrutinize carefully. The board must follow proper notice and hearing procedures before demanding restoration, and the requirement must be reasonable given the specific alteration.
Read Florida Statute § 718.113 →
The Correct Board Response
1
Issue a written violation notice citing the specific provision. Reference the exact section of your Declaration that requires approval for this type of alteration. Give the owner an opportunity to submit a retroactive approval request.
2
Consider whether retroactive approval is appropriate. If the work was done properly — licensed contractor, correct materials, meets association standards — retroactive approval may be a reasonable resolution. This avoids costly restoration disputes.
3
Follow the fining committee process for the procedural violation. Even if you approve the alteration retroactively, a fine for the failure to get prior approval may be appropriate — but must go through the fining committee.
4
If restoration is required — consult association counsel first. Demanding costly restoration is a significant legal action. Before issuing a restoration demand, have association counsel review the situation and confirm the board's authority and the proportionality of the remedy.
This is general legal information, not legal advice. Restoration demands for completed work can lead to expensive litigation. Consult association counsel before issuing any formal restoration demand.
📋 Board Member
Federal preemption warning: The FCC's OTARD rule preempts HOA restrictions that unreasonably prevent satellite dish installation in areas owners exclusively control. Enforcing an outright ban on satellite dishes can expose the association to FCC complaints and legal challenges. The board can impose reasonable restrictions — but cannot prohibit outright.
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Reasonable Restrictions You Can Impose
- Require dishes to be in least-visible location that still receives signal
- Require safety standards for mounting and installation
- Require written notification before installation
- Prohibit dishes in common areas — roofs, exterior walls, common balconies
- Require removal upon sale or departure
What Creates Federal Liability
- Outright prohibition of all satellite dishes on exclusive-use spaces
- Unreasonable approval delays that effectively prevent installation
- Requiring prior approval in a way that unreasonably restricts the right
- Fining owners for legal satellite dish installations in their exclusive space
Security Camera Policy Best Practices
- Develop a written security camera policy and have it formally adopted
- Require written approval for any camera visible from outside the unit
- Address privacy concerns — cameras that capture common areas or neighboring units
- Apply the policy consistently to all residents
- Consider whether association cameras in common areas would reduce individual installations
This is general legal information, not legal advice. The OTARD rule is federal law and preempts conflicting HOA rules. Consult association counsel before enforcing any satellite dish restriction.
📋 Board Member
This is more than an HOA violation. Unpermitted plumbing or electrical work in a condo can affect other units and shared building systems. The board has not just the authority but potentially the obligation to address this — both through HOA enforcement and by notifying the appropriate county building department.
How to Respond
1
Issue a written violation notice immediately. Cite both the alteration approval requirement and any contractor licensing or permit requirement in your governing documents or Florida law.
2
Require proof of permits and licensed contractor. The owner must demonstrate the work was done by a Florida-licensed contractor with all required permits. If they cannot, the county building department should be notified.
3
Consult association counsel about the board's obligation to report. In some circumstances, the board may have an obligation to report unpermitted work that affects common elements or creates a safety risk to the building.
4
Proceed through the fining committee process. Follow the full notice and hearing process. For serious violations involving shared systems, consult counsel about whether injunctive relief may be appropriate.
This is general legal information, not legal advice. Unpermitted work affecting shared building systems is a serious legal and safety matter. Involve association counsel early in these situations.
📋 Board Member
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Enforcing Landscaping Rules Correctly
- Issue written violation notice citing the specific common element provision
- For unauthorized plantings — require removal through the full fining process
- For unauthorized tree removal — consult county requirements before demanding replanting
- Apply rules consistently — selective enforcement of landscaping rules is a common defense
- Follow the full fining committee process for all landscaping violations
Florida-Specific Landscaping Limits on Board Authority
- Florida law limits HOA ability to prohibit Florida-friendly landscaping in certain circumstances
- Protected coastal plants — sea oats, sea grapes — cannot be required for removal without state authorization
- Before requiring any plant removal, verify no state or county environmental protections apply
- HOA cannot require grass or landscaping that violates county water restrictions
- Consult association counsel before requiring removal of any potentially protected vegetation
This is general legal information, not legal advice. Landscaping enforcement in coastal Florida communities intersects with state and county environmental regulations. Consult association counsel before requiring removal of any vegetation that may have environmental protection status.