When Good Intentions Go Too Far: How Over-Restricting Architectural Changes Can Put Your Association at Risk

Rules CAN Go Too Far

Architectural guidelines are one of the trickiest responsibilities that come with running a condominium or HOA community. They’re intended to maintain consistency, boost curb appeal, and protect property values. But sometimes, when those rules go too far or aren’t updated, they can become a serious legal liability.

At Condominium Associates, we frequently help boards untangle the unintended consequences of well-meaning but overreaching restrictions. In today’s climate, where fair housing compliance, environmental rights, and owner protections are under increased scrutiny, associations must tread carefully. If you’re not sure where your community stands, we invite you to request a proposal and we’ll help walk you through an architectural audit.

What association approved this?

Let’s talk about what happens when rules, intended to maintain harmony, end up causing conflict.

Architectural controls usually regulate changes homeowners can make to their properties—like paint colors, fences, satellite dishes, landscaping, or structural modifications. These guidelines often start with the developer and evolve over time, especially as residents and boards come and go. However, problems arise when those rules are written too vaguely, applied inconsistently, or directly conflict with state and federal laws. One of the biggest trouble spots is failing to recognize what’s actually protected by law.

About Those Laws

For instance, Florida Statute 720.3035 outlines the rights of owners and the limits of architectural review committees (ARCs). It’s designed to prevent boards from overstepping their authority, but many associations never revisit these guidelines after they’re written. Similarly, the Florida Solar Rights Act makes it illegal to ban solar panels on individual homes, though many older HOAs still have outdated restrictions on energy-efficient upgrades. And that’s just state law.

At the federal level, the Fair Housing Act prohibits discrimination against homeowners and tenants based on race, religion, national origin, disability, sex, familial status, or color. That includes denying requests for reasonable accommodations, like allowing ramps or wider doorways for someone with a disability. Many boards don’t even realize that a blanket “no structural changes” rule could be considered discriminatory if applied without exception. It’s also essential to understand the reach of the Americans with Disabilities Act (ADA), which, while not directly governing private residential units, influences expectations for accessibility in common areas.

“One size fits all” does not fit everywhere

There are numerous cases—well-documented by HUD—where associations were forced to pay large settlements because they denied legally protected modifications. Take, for example, a South Florida case where a condominium association refused to approve a small ramp for a disabled resident. The board claimed it interfered with the community's architectural theme. The court disagreed, citing the Fair Housing Act, and the association was held financially liable.

On top of that, many boards don’t realize that vague or inconsistently applied rules can render all enforcement actions null. Selective enforcement is one of the fastest ways to lose credibility—and legal standing—in your community. If one homeowner is approved for a porch light replacement but another is denied, that inconsistency could be enough to void your entire rule, especially if your governing documents don’t clearly authorize the decision.

The Delicate Balance of Following The Rules

Associations can also run into problems if they enforce rules not properly included in their governing documents. According to Florida Bar consumer tips, associations must ensure that any rule or architectural guideline aligns with the community's Declaration, Articles, and Bylaws. If they don’t, those rules might be unenforceable from the start.

So what’s the path forward? It starts with education and expert help. At Condominium Associates, we strongly recommend a full policy review every few years, especially as Florida laws evolve. The Florida Department of Business and Professional Regulation offers resources, but it’s often best to work with professionals who can offer hands-on support. You can contact us here if you’d like help navigating that process.

Another proactive step is ensuring your architectural review committee receives proper training. It’s not just about reviewing design proposals—it’s about understanding what’s legally permissible, what violates fair housing law, and how to apply rules fairly and consistently across the board.

Knowledge is power

Associations that want to maintain aesthetics while avoiding risk can also benefit from reviewing current guidelines around accessibility, solar energy, and modern property enhancements. For example, many residents are now asking about smart home installations, drought-resistant landscaping, or exterior security cameras. If your policies don’t account for these or flat-out prohibit them without flexibility, that’s a red flag.

You may also want to review Florida’s Sunshine Laws which affect how committee decisions and board discussions must be conducted—particularly if ARC decisions are made behind closed doors or without transparency.

If it feels overwhelming, that’s understandable. This is exactly why our team exists—to support boards with clear, compliant, and homeowner-focused solutions. You don’t have to navigate this alone. Let’s start a conversation about how we can help your association manage architectural review responsibly, fairly, and in full legal alignment.

FAQs

Can a condo board deny a homeowner’s request based solely on appearance?
Only in certain cases. Aesthetic standards must be reasonable and cannot override legal protections like disability accommodations or solar rights.

What if our ARC applies rules inconsistently?
That can result in a legal claim of selective enforcement, weakening your association’s authority and opening the door to lawsuits.

Are solar panels protected in Florida even if they don’t match the community aesthetic?
Yes. Florida law protects homeowners’ rights to install solar panels regardless of appearance concerns.

Can we stop someone from installing a wheelchair ramp?
Not if the ramp is a reasonable accommodation under the Fair Housing Act or ADA. Denying it could result in a costly legal issue.

Do architectural restrictions have to be in our official governing documents?
Yes. If a rule isn't documented properly or conflicts with existing documents, it's often unenforceable.

What’s the best way to train our ARC?
Legal and management professionals can provide training. It’s important they understand both your documents and relevant statutes.

How often should we review architectural guidelines?
At least every two years—or immediately following any major legal or legislative changes.

Can individual ARC members be personally liable for bad decisions?
Yes. If an ARC or board acts outside its authority or violates fair housing laws, members can face liability.

Where can we learn more about Florida architectural regulations?
The Florida DBPR, HUD, and Florida Bar offer public resources. But for customized advice, consider working with a licensed CAM or management firm.

How do I get help revising our architectural guidelines?
You can request a proposal and our team at Condominium Associates will provide a detailed, community-specific plan.