HOA approval vs city permit

Two reviews, two rulebooks

When you live in a homeowners association, a backyard project usually has two gatekeepers:

The two do not replace each other. Austin, Texas, explains that the parties named in a deed restriction enforce it, and that if the city is not a named party, enforcement is a civil matter between them, such as a property owners' association^[1].

Does the city check your HOA rules?

Generally not. Austin is explicit: if a building permit application complies with the Land Development Code, staff must approve the application whether or not it conforms to a deed restriction, and the city cannot prevent owners from developing property based on a deed restriction^[1]. Austin puts the burden on the applicant to check for deed restrictions or restrictive covenants before applying^[1].

Miami Lakes, Florida, goes a step further and makes every permit applicant sign an affidavit, HOA or not. The owner acknowledges that the issuance of a building permit does not independently satisfy any applicable HOA approval requirements and that the town does not enforce any deed restrictions on the property^[2].

Which one first?

Miami Lakes recommends, although it does not require, that owners secure any required HOA approvals before submitting the building permit application^[2]. It is practical: if the HOA asks you to move, shrink or change the project, you change the drawings once, before the city reviews them.

Florida law protects the other order too. An HOA or its architectural committee may not require a building permit issued by a government authority as a prerequisite for its own review^[3].

When the two rulebooks overlap: setbacks

Both the city and the HOA may care where your structure sits. Bellevue, Washington, notes that plat conditions sometimes require more restrictive setbacks than the zone^[4]. Florida sets a default: when the covenants do not provide specific setback limits, the county or city setbacks apply, and the HOA may not enforce a setback inconsistent with them^[3]. Florida also counts a parcel as having only one front for setback purposes, unless the covenants say otherwise^[3]. More in setbacks explained.

Your rights when the HOA says no (Florida example)

Florida Statutes section 720.3035 limits what an association can do^[3]:

• Its authority to approve the location, size, type or appearance of a structure exists only as far as the declaration of covenants or its authorized guidelines state it or reasonably imply it.
• It must apply and enforce those standards reasonably and equitably on all owners.
• If it denies an application, it must give written notice stating the specific rule or covenant relied on and the specific part of the project that does not conform.

Other states have their own HOA statutes, and your covenants are the first document to read. We are not lawyers: for a dispute with your HOA, talk to an attorney in your state.

One file, both audiences

The permit file we prepare includes a ready-to-use HOA request template alongside the city application: the same project, the same drawings, so both reviews see the same thing. The HOA decision stays the HOA's, and it is not covered by our guarantee; the city permit is what we take all the way to approval.

Common questions