Deed Restrictions in Florida: How They Differ From HOA Rules

Deed restrictions Florida buyers and sellers run into are rules recorded in the public records that limit how owners use, build on or change a property. They can cover the size of a house, the type of fence, whether you can park a boat in the driveway or run a business from home. Many people assume these rules always come from a homeowners' association. Often they do, but not always. A developer may have recorded some restrictions decades ago, and they still bind the land, even where no HOA exists. This guide explains how the two differ, how to find the restrictions on a property and how they can affect a sale or a remodel.

Key takeaways

• A deed restriction is a recorded limit on land use. It "runs with the land," so it binds later owners as well as the first buyer.
• An HOA is a corporation with mandatory membership that can charge assessments. Its rules come from a recorded declaration plus its articles and bylaws.
• Under Florida's Marketable Record Title Act, some old restrictions can lapse after 30 years unless someone files a notice to preserve them.
• Florida law limits what restrictions can do. For example, they may not ban solar collectors or clotheslines.
• Your title commitment and the county's official records are where restrictions show up. Read them before your inspection period ends.

What deed restrictions in Florida are

A deed restriction is a promise about how owners will use land, written into a recorded document. It may sit in the deed itself, on a subdivision plat or in a separate "declaration of restrictions." Because it sits in the public record, it binds whoever owns the land later. Lawyers call this a covenant that runs with the land.

Developers often recorded restrictions when they first laid out a neighborhood. The aim was to keep a consistent look and use. Common examples include:

• Single-family use only, with no duplexes or businesses
• Minimum home size or setback from the street
• Limits on fences, sheds, boats, RVs or commercial vehicles
• Rules on roof material, exterior colors or landscaping
• Limits on keeping livestock or certain animals

Some restrictions are decades old and largely forgotten. Others are very active. Either way, they can still matter when you plan an addition or sell.

How HOA rules differ from deed restrictions in Florida

Florida law defines a homeowners' association in section 720.301 of the Florida Statutes. Membership is a mandatory condition of owning a home in the community. The association can impose assessments, and unpaid assessments can become a lien on the home.

The HOA's rules come from its governing documents. Those include the recorded declaration of covenants, its amendments, and the association's articles and bylaws. So an HOA is a set of restrictions plus an organization that runs and enforces them.

A neighborhood with deed restrictions but no HOA works differently. There may be no board, no dues and no one checking for violations. Enforcement, if it happens, usually comes from neighbors or the original developer through the courts. Our guide to how Florida HOAs work covers the association side in more detail.

A quick side-by-side

• Source: a deed restriction is a recorded document. HOA rules come from a recorded declaration plus corporate documents.
• Who enforces: HOAs have a board and a process. Stand-alone restrictions are usually enforced only if someone with a right to do so takes action.
• Fees: HOAs charge assessments. Plain deed restrictions usually carry no fees.
• Changes: Owners can amend HOA documents by the vote the documents require. Stand-alone restrictions are often harder to change.

How deed restrictions in Florida can expire

Florida has a law that clears out some old claims on land. Its name is the Marketable Record Title Act, and it sits in chapter 712 of the Florida Statutes. Under section 712.02, a person whose chain of title has been on record for 30 years or more has marketable record title. That title is generally free of older claims, with exceptions listed in section 712.03.

In plain terms, the law can wipe out some restrictions recorded before the 30-year "root of title." That can happen unless someone preserves them. Under section 712.05, a person or a property owners' association can preserve a restriction by filing a notice in the public records. A notice keeps the restriction alive for at least 30 more years.

This is a technical area. Whether a given restriction survives depends on the exact chain of title and what notices people have filed. So if a restriction stands in the way of your plans, ask a real estate attorney to review it.

What deed restrictions in Florida cannot do

Florida law sets some limits that restrictions cannot override. Two examples come up often.

Solar and clotheslines

Under section 163.04, a deed restriction, covenant or declaration may not prohibit solar collectors, clotheslines or other renewable energy devices. An association may still pick where solar panels go on the roof, within the range the law sets, as long as that choice does not impair how well they work.

HOA limits on certain rules

For HOAs, section 720.3075 bars some rules outright. For example, governing documents may not prohibit Florida-friendly landscaping. They also may not stop residents from parking personal vehicles in their own driveways, or from parking certain work vehicles. These limits apply to the HOA's documents. Courts may treat a stand-alone deed restriction differently, so check with an attorney if one conflicts with your plans.

How to find deed restrictions in Florida on a property

Restrictions are public, but they are not always easy to find. Here is where to look.

1. The title commitment. When you buy with title insurance, the title company lists recorded restrictions as exceptions. Each one usually cites a book and page in the official records. Ask for copies of every listed document, not just the list.
2. The plat. The subdivision plat may carry restrictions, easements and notes. The county keeps it in the official records.
3. County official records. In Palm Beach County, the Clerk of the Circuit Court keeps official records, including deeds, plats and declarations. You can search them online by name or document type.
4. The HOA or seller. If there is an association, ask for the declaration, amendments, rules and architectural guidelines.

Older documents can be hard to read. However, the key points are usually in a short list of numbered restrictions. Look for use limits, building limits and any process for approvals. For background on how a deed relates to ownership, see our guide to deed vs. title.

How deed restrictions in Florida affect renovations

Many restrictions control what you can build or change. Before you buy a home with plans for a pool, an addition, a fence or a garage conversion, check the restrictions as well as the city or county code.

Both can apply at once. A city may approve a permit that the deed restrictions still bar. In that case, a neighbor or HOA with the right to enforce it can still act against you, even with a permit in hand. So review both before you sign a contract or hire a contractor.

In communities with an HOA, you will usually also need architectural approval. Ask how long approvals take and what the review covers. In larger planned communities around Wellington and Palm Beach Gardens, for example, the review process is often part of the routine. Our Wellington page covers that market.

How restrictions affect resale

For sellers, restrictions matter in three ways. First, a buyer's title company will find them, so there is little point in hoping they go unnoticed. Second, a past violation, such as a fence or shed built against the rules, can delay closing if a neighbor or HOA raises it. Third, some restrictions shrink the buyer pool, such as rules against rentals or certain vehicles.

Before you list, gather your documents and walk the property against the rules. If something does not comply, decide whether to fix it, get approval after the fact or disclose it up front. That is often easier before a buyer's attorney finds it.

For buyers, the question is simple. Can you live with these rules, and can you do what you plan to do? If the answer depends on reading old documents, give yourself enough time in the inspection period to do it properly.

Frequently asked questions

Are deed restrictions the same as HOA rules?

No. A deed restriction is a recorded limit on use. An HOA is a corporation with mandatory membership that enforces a recorded declaration and its own rules. A property can have restrictions without an HOA.

Do deed restrictions in Florida expire?

Some can. Under the Marketable Record Title Act, the law may cut off older restrictions after 30 years unless someone files a notice to preserve them. Whether a specific one survives depends on the title history.

Can a deed restriction ban solar panels?

No. Section 163.04 says restrictions may not prohibit solar collectors or clotheslines. An association can still choose the location on the roof within the limits the law sets.

Where do I find the restrictions on a home?

Start with the title commitment, which lists recorded restrictions. Then pull the documents from the county official records, and ask the HOA or seller for any declaration and rules.

Can I get a deed restriction removed?

Sometimes, but it is often hard. It may take agreement from other owners, a court order or the passage of time under the Marketable Record Title Act. Ask a real estate attorney about your options.

Sources

• Florida Statutes, section 720.301 (HOA definitions)
• Florida Statutes, section 712.02 (marketable record title)
• Florida Statutes, section 712.05 (preserving interests)
• Florida Statutes, section 163.04 (energy devices)
• Florida Statutes, section 720.3075 (prohibited clauses)
• Palm Beach County Clerk of the Circuit Court and Comptroller

This article is general information, not legal, tax or financial advice. Whether a restriction applies and whether anyone can enforce it depends on the documents and facts, so consult a Florida real estate attorney about your property.

Selling a home with deed restrictions or an HOA? We will help you gather the documents and spot issues before a buyer does. Check what your home is worth or talk with us. Buying instead? Schedule a buyer strategy call and we will help you review the rules before you commit.