Florida HB 1203 & Texas HOA laws: architectural review compliance checklist

Florida: § 720.3035 after the 2024 amendments

In 2024 the Florida legislature amended the statute that governs HOA architectural review, including through HB 1203, which took effect July 1, 2024. Key points for ARCs:

• Authority only where the declaration gives it: the association can review location, size, type or appearance of improvements only to the extent stated or reasonably inferred in the declaration or published guidelines.
• Apply standards reasonably and equitably to all owners.
• Do not regulate interiors that are not visible from the frontage, an adjacent parcel, common area or a community golf course.
• Denials must state with specificity the rule or covenant relied on and which part of the proposed improvement does not conform — “not in keeping with community standards” is not enough.
• Hurricane protection: associations must adopt specifications and may not deny conforming applications for listed hurricane protection items (added by HB 293, 2024).
• From July 1, 2026, an association may not require a building permit as a prerequisite for architectural review (HB 803, Chapter 2026-63).

Texas: Property Code § 209.00505

Applies to property owners’ associations with more than 40 lots, outside the developer-control period.

• Since SB 1588 (2021), current board members, their spouses and people living in a board member’s household may not serve on the architectural review authority.
• A denial can be appealed to the board.
• Written notice of a denial must go by certified mail, hand delivery or electronic delivery.
• The notice must describe the basis for the denial in reasonable detail, and any changes required for approval.
• It must tell the owner they can request a hearing within 30 days of the notice being mailed.
• The board must hold the hearing within 30 days of the request and give at least 10 days’ notice of the date, time and place.

Checklist for both states

• Every decision cites the specific rule from your declaration or guidelines.
• Every denial names the part of the plan that does not conform and what would fix it.
• Delivery method and date are recorded.
• Appeal and hearing rights are stated where the law requires it.
• Your standards are applied the same way to every owner — keep past decisions searchable.

Common questions

What must a Florida HOA denial include?

Under § 720.3035, it must state with specificity the rule or covenant relied on and the specific aspect of the proposed improvement that does not conform.

Can a Texas HOA board member sit on the architectural committee?

Not in associations covered by § 209.00505 (more than 40 lots, outside developer control): board members, their spouses and people in their household may not serve.

How long does a Texas owner have to request a hearing after a denial?

The owner may request a hearing on or before the 30th day after the denial notice was mailed. The board must hold it within 30 days of the request.