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The Teardown

Demolishing a House in an HOA Community in Florida

In a lot of South Florida neighborhoods, the city isn't the only one who has to say yes. If your home is in a homeowners association, the HOA usually wants to approve the demolition and the new house too. Here's how that works, what the association can and can't require, and how to keep it from holding up your project.

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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

The HOA and the city want different things
ItemThe cityThe HOA
What they approveThe demolition permit, under the building code.Whether the demolition and the new house fit the community's covenants and architectural rules.
What they ask forUtility 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 bindsEveryone, under state and local law.Owners, under the declaration and governing documents they bought into.
If you skip itStop-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

  1. Read the governing documents

    Find the architectural review section, the approval timeline, construction rules and any deposit requirements before you hire anyone.

  2. 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.

  3. Pull the city permit

    Once the HOA approves, the contractor pulls the demolition permit with the city.

  4. Coordinate access and neighbors

    Register the contractor at the gate, pay the deposit, and give the neighbors the dates.

  5. Close out both

    Pass the city's final inspection, fix any common area damage, and get the deposit back.

Related

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.

Demolition in an HOA community?

We'll work with your association on the paperwork, the gate and the insurance, then pull the city permit. Get a written quote.

Tell us about the property, what needs to be removed and what comes next.

Request a quote