HOA Approval Not Required to Apply For Building Permit

[jar546]

We eliminated HOA approval letters as a requirement for building permits about 6 years ago. I am surprised other municipalities are now just getting around to it.​

Building Permit Requirements in Homeowners Association Subdivisions Have Changed!​

The City of Longwood has for many years had language in its City Code adopted by Ordinance 01-1598 that allows qualifying Homeowners Associations to participate in the building permitting process. As part of this process, residents in certain deed-restricted subdivisions were required to provide proof of HOA approval prior to issuance of a building permit by the City.
At the November 6, 2023 City Commission meeting, the City Commission adopted Ordinance 23-2247, which eliminates the requirement for residents to provide evidence of HOA approval prior to a building permit being issued.
This change does not impact or eliminate any internal HOA requirements for architectural review, but rather it keeps that process and requirements between the HOA and the property owner/resident through any applicable deeds, restrictions, and covenants the subdivision may have.
The City’s review of building permits will solely be for applicable regulations including the Florida Building Code and Longwood Development Code as applicable.
This change is effective immediately.

 

[fatboy]

It was never in ordinance in my AHJ, but we were asked many times to hold something up for the HOA's. No dice, not in the code for our enforcement!

 

[e hilton]

There is going to be several spats between the HO and the HOA like this:
HO: of course it's ok, the city issued a permit.

 

[jar546]

There is going to be several spats between the HO and the HOA like this:
HO: of course it's ok, the city issued a permit.

Been there and done that. We had one issue where the permit was completed and closed out, the HOA sued the owner, and the owner had to pull another permit to put the condo back to the way it was after she lost the lawsuit.

 

[Mark K]

The HOA is a contractual issue. The building permit is a governmental issue The building department is not concerned about contractual issues.

 

[ICE]

The HOA is a contractual issue. The building permit is a governmental issue The building department is not concerned about contractual issues.

There a saying that says, “One hand washes the other”. My experience with an HOA is that to deny their existence invites trouble. It has been a while since I was the BO for a city that had several HOAs but I can tell you that it was a waste of everybody’s time if you don’t pay attention to the HOA requirements. I didn’t enforce the HOA rules. I wouldn’t issue a permit without HOA sign off on the plans or a letter approving the roof covering, etc.

I didn’t have to police the HOA areas. The busybodies did that for me. Well I’ll be honest, I don’t do much policing anyway… did I say “don’t do much”? Let’s change that up to none.