Roughly 60 percent of the homes we quote across Broward and Palm Beach are in HOA communities. Most homeowners do not realize the depth of authority an HOA has over what gets installed until they try to install a fence. This guide demystifies the HOA process: what HOAs can actually enforce, what the approval process really involves, and how to clear it without losing weeks on revisions.
What HOAs Can Enforce
Florida statute 720 governs homeowner associations and gives them broad latitude to restrict architectural changes — including fences — as long as the restrictions are recorded in the community’s Declaration of Covenants. HOA covenants typically address:
- Material — Vinyl, wood, aluminum, chain link, composite. Most HOAs allow only specific materials per location (e.g. aluminum required in front yards, vinyl allowed in rear yards only).
- Height — Often lower than city code allows (5 feet vs city’s 6, 3 feet vs city’s 4 for front yards).
- Color and finish — Specific approved colors. White, tan, and black are common. Bright or non-standard colors are typically prohibited.
- Style — Picket vs board-on-board vs shadowbox. Some HOAs require specific manufacturer profiles for consistency.
- Setback — Often requires fences set further from the property line than city code requires.
- Plant screening — Some HOAs require fences screened by hedge or landscaping on the street-facing side.
What HOAs Cannot Enforce
The covenants must be reasonable and applied consistently. HOAs cannot:
- Selectively enforce against some owners and not others
- Restrict pool barrier fences below the Florida Building Code 424 minimum requirements (state law preempts)
- Discriminate based on race, color, religion, sex, familial status, disability, or national origin (federal Fair Housing Act)
- Add new restrictions retroactively without proper governance process
- Demand removal of legally-installed fences that complied with covenants at the time of installation
The Architectural Review Process
Most HOA architectural reviews follow this general process:
- Submit application package with elevation drawings, material specs, manufacturer information, site plan, and any color samples
- Board reviews at next scheduled meeting (typically monthly, sometimes quarterly)
- Decision issued as approve, deny, or approve-with-conditions
- Begin construction only after written approval received
- Final inspection by the HOA after install in some communities
How to Clear Approval on the First Try
About 70 percent of HOA fence applications we see clear on the first submission. The other 30 percent get a revision request, which adds 2 to 8 weeks to the timeline. To maximize first-pass approval:
Read the Covenants First
Before quoting, pull the current covenants document for the community and read the fence section. The most common cause of denial is proposing something the covenants explicitly prohibit.
Use the Standard Approved Materials
For most South Florida HOA communities, the standard-approved fence is one of:
- Black aluminum picket (front yards, side yards, pool surround)
- White or tan heavy-gauge vinyl privacy (rear yards, side yards)
- Pressure-treated wood with stain (where allowed)
Choose one of these unless you have specific reason to deviate.
Submit Complete Documentation
Most denials are not because the fence is wrong, but because the application is incomplete. Always include: elevation drawing showing height, plan view showing location and setbacks, manufacturer spec sheet, color swatch, contractor info, and projected install timeline.
Address Neighbor Impact Proactively
HOAs increasingly require shared-fence agreements (signed letter from the adjacent neighbor agreeing to the fence) when the fence is on a shared property line. Get the neighbor’s signature before submitting.
HOA Approval Timeline by Community Type
| HOA Type | Typical Approval Time | Meeting Frequency |
|---|---|---|
| Standard suburban (Coral Springs, Plantation, Sunrise) | 2-4 weeks | Monthly |
| Premium gated (Heron Bay, Cypress Head, Mayfair) | 3-5 weeks | Monthly |
| Country club communities (St. Andrews, Boca Pointe, Mizner) | 4-8 weeks | Monthly or quarterly |
| Historic district overlays (Sailboat Bend, Old School Square) | 3-6 weeks | Monthly |
What to Do If Your Application Is Denied
Denial is not the end. Options:
- Read the denial letter carefully. Most denials cite specific reasons — material not allowed, height exceeds limit, color not approved. Address the specific reason and resubmit.
- Request a meeting with the board. Many boards will discuss the application in person and clarify expectations.
- Appeal under the community’s governance procedures. Most HOAs have a formal appeals process for architectural decisions.
- Request a covenant variance. If the covenant is causing a real hardship, you can request the board grant a one-time variance.
- Consult an HOA attorney. For repeated denial of reasonable requests, an HOA attorney can review whether the denial complies with statute 720.
HOA Restrictions vs City Code
HOA restrictions can be more restrictive than city code, but not less restrictive. If the HOA allows a 7-foot fence but the city caps at 6 feet, the city wins. If the HOA caps at 5 feet but the city allows 6 feet, the HOA wins. Pool fence requirements are an exception — Florida Building Code 424 minimum requirements (48-inch height, 4-inch picket spacing, self-closing gate) preempt any HOA covenant that would reduce them.
Frequently Asked Questions
Can my HOA force me to remove an existing fence?
Only if the fence violates the covenants and was installed in violation of those covenants. A legally installed fence cannot be retroactively required to be removed unless the covenants change in a way that affects existing structures (rare and usually prohibited).
What if my HOA does not respond to my application?
Florida statute 720 requires HOAs to respond to architectural applications within a reasonable time, typically interpreted as 30 to 45 days. Non-response can sometimes be treated as deemed approval, but this requires careful legal review before relying on it.
Can the HOA require me to use a specific contractor?
HOAs can require contractors to be licensed and insured, but generally cannot mandate a specific contractor. Some communities maintain preferred-contractor lists; these are recommendations, not requirements.
How do I know if my property is in an HOA?
Your closing documents from when you bought the home include the Declaration of Covenants if your community has one. The local property appraiser’s office also typically lists HOA affiliation. We confirm HOA status as part of every quote.
Need HOA Approval Help?
Xtreme Fence prepares HOA application packages as part of every quoted project. Contact us or call (954) 851-6610.
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