put a fountain in my front

Well it probably is located (if at all) in the CCRs.
Typically any modification to the LOT is included in such conditions that require approval for exterior changes (some include landscaping too which may be considered separate from a fountain which some designate as HARDSCAPE).

Not sure of the need for an attorney. Unless your ARC guidelines FORBID fountains they cannot disallow them. If they are disallowed then an attorney will not be of much help. You will need to "drum up" support of thr community to change the ARC guidelines.

Deborah,

Unless your architectural guidelines and your restrictive covenants specifically forbid any structure, fountain or yard ornaments, then your fountain is not illegal. Refer to Statutes 720:3035-(2) which states that specific guidelines are to show what is allowed and what is not allowed. If not stated, then they cannot ban the fountain. You must read the guidelines and CC&R's to see these items.

Also, many HOA have not given copy of those guidelines to it's residents and that is why there is always a battle over these allowences

Deborah,

Seems to me you should have gotten some advice before this was sent to the attorney for resolution. Before you go against what the BOD says you should always know exactly what the rules and state laws, if applicable, are in support your position. Once an attorney is involved the costs really escalate, your costs, that is. Perhaps you can settle this before it goes any further and perhaps becomes a financial burden for you. Good luck!

Daniel,

Human nature never wants to be told what to do and would rather spend money on a lawyer than just to do the right thing. If this fountain was not submitted for approval, knowing that there are guidelines which prohibit the thing, that is one issue. Putting up a fountain, NOT knowing that there are restrictions, then that was ignorance of the governing documents and the violator should just either take it down and put it in her back yard and forget about looking for a lawyer. Or appeal to the ARC committee to have it remain. Digging in her heels and fighting this is way beyond reasonable. For Gods sake, it's just a fountain. I'll bet that there are far more important items in this HOA to be dealt with than having a fountain in the front yard.

Deborah,

If you are in a HOA, the City has absolutely nothing to say about any restrictions that your ARC or covenants may have written. Unless this would be something that needed a building permit from the City, there is nothing involving your city. This is between you and your ARC committee and they are telling you that you cannot have one.

Did they tell you why the fountain is not allowed? All denials for installation of anything should have a reason why the application was denied. Did you not apply for approval prior to installing it?

The question posed by the OP is regarding the need for ACR permission for an eterior addition.
This is not unusual for a deed restricted parcel.

She then said the city has no requirement for a Permit.
Two very different things (ACR - Permit).

She has not been clear on the involvement of an attorney.

She has not expressed that she is NOT allowed to have a fountain ONLY that prior permission is required.

She has been told about Fla. Statutes and how they can affect her rights.

I don't think this could be characterized an uproar.
Just someone learning about HOA living the less-than-easier way.

Deborah,
Just fill out an application for the ARC committee to review in request of the fountain. Tell them you were not aware you needed one for the fountain and your sorry. You want to make things right.

Just make them happy, otherwise they will make it their goal in life to force you to remove the fountain. Life is too short to fight about this.