Florida Expands Homeowner Rights in Condos with New Gardening and Window Covering Laws
Broward County, FL. – In a move that significantly bolsters condominium owners’ rights, Florida has enacted new legislation that limits the power of homeowners associations (HOAs) to regulate certain aspects of individual units. The laws, set to take effect on July 1, 2024, specifically address residents’ rights to maintain gardens and choose their own window coverings, marking a shift in the balance between community aesthetics and personal freedom.
Garden Rights for Condo Owners
The new law, dubbed the “Florida Condo Owners’ Right to Garden Act,” grants condominium residents the right to grow vegetables, fruits, and herbs in portable containers on balconies, patios, and other limited common elements adjacent to their units. This legislation comes in response to growing concerns about food security and the increasing popularity of urban gardening.
Key provisions of the gardening law include:
- Condo owners can maintain food gardens in containers up to 4 feet in height and 2 feet in width.
- HOAs cannot prohibit food gardens outright but can establish reasonable rules regarding their appearance and maintenance.
- Gardeners must prevent water runoff and pest infestations that could affect neighboring units.
- The law does not apply to in-ground gardens in common areas, which remain under HOA control.