We see the same thing happen in HOA communities: the owner gets the city permit, the trucks show up, and the guard at the gate turns them away because nobody filed anything with the association. Or the demolition goes fine and then the new plans sit in front of the architectural committee for two months. Both are avoidable if you treat the HOA as a second approval from day one.
Two approvals
The HOA and the city want different things
| Item | The city | The HOA |
|---|---|---|
| What they approve | The demolition permit, under the building code. | Whether the demolition and the new house fit the community's covenants and architectural rules. |
| What they ask for | Utility letters, surveys, asbestos paperwork and the sewer cap or septic abandonment. | An application to the architectural review committee, plans for what comes next, and the HOA's own conditions. |
| Who it binds | Everyone, under state and local law. | Owners, under the declaration and governing documents they bought into. |
| If you skip it | Stop-work orders, after-the-fact permits and code fines. | HOA fines, access denied at the gate, and possibly a legal dispute. |
A city permit doesn't override the HOA, and HOA approval doesn't replace the permit. You need both.
What the law says
What a Florida HOA can and can't require
Only what's in the documents
Florida law lets an HOA review construction only to the extent its declaration or published guidelines give it that authority, and the standards have to be applied equally to everyone.
Denials have to be specific
If the association denies a request, it has to say in writing which rule or covenant it's relying on and which part of the plan doesn't comply.
Fines have limits
Unless the governing documents say otherwise, an HOA fine can't exceed $100 per violation or $1,000 total for a continuing violation, and the owner gets at least 14 days' notice and a hearing before an independent committee.
No set deadline
Florida's HOA law doesn't set a time limit for the architectural committee to decide, so check your documents and plan for it.
Common HOA conditions
What HOAs usually ask for on a demolition
Every association is different, but these come up again and again:
Before work starts
- An architectural review application with the demolition and new house plans
- The contractor's license and a certificate of insurance, often naming the HOA
- A refundable deposit or bond to cover damage to roads, curbs or common areas
- Contractor registration and gate access for trucks and equipment
- Notice to neighbors, or the HOA notifying them
During the job
- Work hours that can be stricter than the city's
- Rules on where trucks and equipment can park or stage
- Construction fencing, silt fence and dust control
- Keeping streets and common areas clean of mud and debris
- Restoring any damaged common areas before the deposit comes back
The right order
How to keep the HOA from slowing you down
Read the governing documents
Find the architectural review section, the approval timeline, construction rules and any deposit requirements before you hire anyone.
Apply to the HOA first
Submit the demolition and, ideally, the new house plans together. Approving a teardown with no plan for the lot makes some boards nervous.
Pull the city permit
Once the HOA approves, the contractor pulls the demolition permit with the city.
Coordinate access and neighbors
Register the contractor at the gate, pay the deposit, and give the neighbors the dates.
Close out both
Pass the city's final inspection, fix any common area damage, and get the deposit back.
Related
Keep reading
Common questions
Frequently asked questions
Do I need HOA approval to demolish my house in Florida?
If your HOA's governing documents give it architectural review authority, and most do, you'll need its approval in addition to the city permit. Florida law limits that review to what the documents actually authorize.
Can my HOA stop me from demolishing my house?
An HOA can deny a request based on rules in its governing documents, but under Florida law it has to say in writing which rule or covenant it's relying on and what doesn't comply. It can't enforce policies that aren't consistent with the governing documents.
Does an HOA have to notify neighbors before a demolition?
Florida law doesn't require it, but many HOAs have their own notice rules. Telling neighbors the dates and hours is good practice either way.
How much can an HOA fine me for demolishing without approval?
Unless the governing documents say otherwise, Florida law caps HOA fines at $100 per violation and $1,000 total for a continuing violation, after at least 14 days' notice and a hearing before an independent committee.
Should I get HOA approval or the city permit first?
Usually HOA approval first. If the HOA asks for changes, you won't have paid for a permit based on plans that change, and your contractor won't get turned away at the gate.
This article is general information, not legal advice. It summarizes sections 720.3035 and 720.305, Florida Statutes, as of October 2026. Every HOA's governing documents are different. Read yours, and talk to a Florida HOA attorney about disputes. Condominiums follow different rules.