HB 803 Signed: Florida HOAs Can No Longer Require a Building Permit Before Architectural Review

Governor Ron DeSantis has signed CS/CS/HB 803, a broad building permit bill that also changes how homeowners’ associations handle owner construction projects ¹². The Governor approved the bill on May 6, 2026, and it was filed as Chapter 2026-63, Laws of Florida, on May 7 ². The new law takes effect July 1, 2026 ¹³.

Most coverage has focused on the bill’s permit exemption for small residential jobs. For HOA boards, architectural review committees, community association managers and owners, a short amendment to section 720.3035, Florida Statutes, may matter more in day-to-day disputes ³.

What the Bill Does

The bill drew no opposition. It passed the House 114 to 0 on February 25, passed the Senate 37 to 0 on March 5, and the House concurred in the Senate amendment 109 to 0 on March 12 ².

Under the new law, a local government that issues building permits must exempt the owner of a single-family dwelling, or the owner’s contractor, from pulling a permit for projects on the property that cost under $7,500 ¹. Electrical, plumbing, mechanical, gas and structural jobs are carved out of that exemption and can still need a permit at any price, and a project may not be divided to evade permitting requirements ¹. The bill also exempts certain temporary residential hurricane or flood protection walls from permitting and, for a year following a declared emergency, lets some building officials licensed in other states do the work in Florida ¹.

The enrolled text adds other homeowner-facing changes. For example, a building permit issued by a county for a single-family dwelling expires on whichever date comes later, one year after it is issued or the day the next edition of the Florida Building Code takes effect, although the local government may extend it ³.

The HOA Change: No Permit Prerequisite for Review

Section 11 of the bill adds a new paragraph (c) to section 720.3035(1), the statute governing architectural control covenants. It provides that “an association or any architectural, construction improvement, or other such similar committee of an association may not require a building permit to be issued by a governmental authority to a parcel owner as a prerequisite for review by the association or committee concerning the construction of structures or improvements on the parcel” ³.

The provision addresses sequence. On its face, it does not require an association to approve any project, and it does not remove permit requirements that still apply under local law ¹³. What it forbids is refusing to review an application until the owner already holds a government permit ³.

Where an association’s guidelines, application forms or committee practices call for a permit before the committee will act, those documents will need attention before July 1. Boards may also want to consider how the $7,500 exemption interacts with their review process, since some smaller projects may need no permit at all after that date ¹. A committee that relied on the permit file to understand a project’s scope may need to ask for plans, specifications or contractor information directly instead.

Where Disputes Are Likely, and Why Mediation Fits

Architectural review is already a frequent source of conflict between owners and associations. The new paragraph creates fresh questions: whether a committee that delays or conditions review is effectively requiring a permit, whether an approval can be conditioned on obtaining permits later, and how existing guidelines should be read alongside the statute.

Many of these disputes will be resolved without a state agency. Unlike condominiums, homeowners’ associations are not regulated by a state agency, and the Legislature’s stated intent in chapter 720 is that HOAs and their members benefit from presuit mediation of disputes involving covenant enforcement under section 720.311 ⁴. That leaves the work of resolving these questions largely to the parties, their counsel and the mediator they choose. Mediation also allows a board and an owner to agree on practical terms, such as the documents the committee will accept, a review timeline and the conditions of approval, that a court ruling on a narrow statutory question would not address.

Association counsel, boards, managers and owners facing an architectural review dispute can check Tony Roca’s live availability and book a mediation. Mr. Roca mediates HOA and condominium disputes, including the presuit mediation that section 720.311 requires for many HOA disputes, by Zoom statewide.