Variances ? In an HOA - Florida

Variances are supposed to be for extreme circumstances for items which are beyond a homeowner's control. For example if someone purchases a home and later becomes disabled even though the CCR's would not allow a wheel chair ramp a variance is required and can be issued due to the handicap. They should not be used to just blatantly violate the governing documents. If given in violation of the documents without a good valid reason then it may not hold up in court if challenged.

Another example using my local city is a home was built not meeting the required setback. The surveyor for the foundation did not realize that particular street was wider than normal other roads when making his measurements. That was a situation beyond the owner's control and simply an honest mistake; therefore, the city gave a "variance" to the owner allowing the smaller setback.

In the case where the Declaration does not give the board/ACC the authority to issue "variances", then granting a "variance" is most likely not permitted. So if the Declaration authorizes the board/ACC to grant "variances", that's fine, but FS 720 doesn't care. Nor should it, in my opinion.

I agree with AugustinD; FS720 does not address variances.

If by variance, you speaking about the usual setbacks of parcel at all sides for drainage, utilities etc and setback of permanent structures from roads and easments, this is the business of the local planning, building and zoning bodies. HOA's have no business messing in this turf. If HOA believes an owner modification violates the municipal/county building restrictions, they can call the responsible entity to check it out.

If you are speaking of other architectural choices where a permit is not needed, the ACC, if your Declaration authorizes one, has the right to approve or disapprove. However, eexceptions can be incorporated in other statutes and affect the authority of the HOA to enforce it own restrictions. Examples of this in Florida are landscaping, satellite equipment and clotheslines.

In general, the statute which authorizes the exception prevails in a contest; the HOA MUST respect the permissiveness of the statute but still has the authority to make the statute more restrictive, by rule. For instance, a FL environmental statute passed that specifically allows clotheslines. Prior to that, HOA forbid clotheslines. HOA MUST now allow clotheslines but can make a rule that they cannot display underwear/any hanging article between 8pm and 8am. (This is an actual idiot example!) Who goes around being offended by seeing other peoples' underwear blowing in the wind at night after dark? But, as AugustinD noted, restricting clothesline use to "after dark" or certain days of the week would fail the test of "fair and reasonable". I would describe this as an example of "HOA Underwear Reach".

No list that I am aware of, but the most famous Florida case involves Florida Friendly Landscaping (FFL) on private property.

Here is an excerpt from an article on this which cites the Landscape statute (HOA's are under FS720):

Florida Statute 373.185 (S.B. 2080) precludes HOAs from prohibiting property owners from implementing FFL on their land. The legislation also specifies that local governments cannot disallow homeowners from using FFL principles in their landscapes. In addition, it states that HOAs cannot prohibit FFL in their association covenants and documents nor can HOAs mandate landscape rules that are not FFL, such as water wasting practices or inappropriate site design.

There are several items this legislation does not require. For instance, HOAs and their homeowners are not required to practice FFL. The law does not change the HOA review-approval process. It also does not invalidate HOA landscape and architectural committee requirements that landscape changes must be requested and approved in advance of changes being made.

HOAs may still set reasonable restrictions with regard to FFL practices, including specifying the location of rain barrels, compost bins, and certain plants. HOAs can also require the use of St. Augustine grass as turfgrass.

The FFL legislation does not address community common areas, but recommends that HOAs set an example for residents by exhibiting FFL principles in those areas. The law also recommends that HOAs hire landscape contractors that are certified in the Green Industries Best Management Practices (GI-BMPs).

There is no enforcement agency associated with the legislation. Therefore, when disputes between homeowners and HOAs arise regarding this legislation, they are commonly settled by lawsuits.