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720.3035
Architectural control covenants; parcel owner improvements; rights and
privileges.--
(1) The authority of an association or any architectural,
construction improvement, or other such similar committee of an
association to review and approve plans and specifications for the
location, size, type, or appearance of any structure or other improvement
on a parcel, or to enforce standards for the external appearance of any
structure or improvement located on a parcel, shall be permitted only to
the extent that the authority is specifically stated or reasonably
inferred as to such location, size, type, or appearance in the declaration
of covenants or other published guidelines and standards authorized by the
declaration of covenants.
(2) If the
declaration of covenants or other published guidelines and standards
authorized by the declaration of covenants provides options for the use of
material, the size of the structure or improvement, the design of the
structure or improvement, or the location of the structure or improvement
on the parcel, neither the association nor any architectural, construction
improvement, or other such similar committee of the association shall
restrict the right of a parcel owner to select from the options provided
in the declaration of covenants or other published guidelines and
standards authorized by the declaration of covenants.
(3) Unless
otherwise specifically stated in the declaration of covenants or other
published guidelines and standards authorized by the declaration of
covenants, each parcel shall be deemed to have only one front for purposes
of determining the required front setback even if the parcel is bounded by
a roadway or other easement on more than one side. When the
declaration of covenants or other published guidelines and standards
authorized by the declaration of covenants do not provide for specific
setback limitations, the applicable county or municipal setback
limitations shall apply, and neither the association nor any
architectural, construction improvement, or other such similar committee
of the association shall enforce or attempt to enforce any setback
limitation that is inconsistent with the applicable county or municipal
standard or standards.
(4) Each parcel
owner shall be entitled to the rights and privileges set forth in the
declaration of covenants or other published guidelines and standards
authorized by the declaration of covenants concerning the architectural
use of the parcel, and the construction of permitted structures and
improvements on the parcel and such rights and privileges shall not be
unreasonably infringed upon or impaired by the association or any
architectural, construction improvement, or any other such similar
committee of the association. If the association or any architectural,
construction improvement, or other such similar committee of the
association should unreasonably, knowingly, and willfully infringe upon or
impair the rights and privileges set forth in the declaration of covenants
or other published guidelines and standards authorized by the declaration
of covenants, the adversely affected parcel owner shall be entitled to
recover damages caused by such infringement or impairment, including any
costs and reasonable attorney's fees incurred in preserving or restoring
the rights and privileges of the parcel owner set forth in the declaration
of covenants or other published guidelines and standards authorized by the
declaration of covenants.
(5)
Neither the
association nor any architectural, construction improvement, or other such
similar committee of the association shall enforce any policy or
restriction that is inconsistent with the rights and privileges of a
parcel owner set forth in the declaration of covenants or other published
guidelines and standards authorized by the declaration of covenants,
whether uniformly applied or not. Neither the association nor any
architectural, construction improvement, or other such similar committee
of the association may rely upon a policy or restriction that is inconsistent
with the declaration of covenants or other published guidelines and
standards authorized by the declaration of covenants, whether uniformly
applied or not, in defense of any action taken in the name of or on behalf
of the association against a parcel owner.
History.--s.
11, ch. 2007-173.
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