Deed Restrictions in Florida: What New Home Buyers in Orlando Must Know

You found a homesite you love in a Central Florida community. The price feels right, the location works for your daily life, and the floor plan fits the way your family wants to live. Then your agent or builder mentions deed restrictions, and suddenly the purchase feels a little more complicated. 

Deed restrictions are one of the most important parts of buying a home, but they are often overlooked until late in the process. They can affect what you can build, how you can use your property, where you can park, whether you can add a fence or pool, and even what changes you can make to the outside of your home.

Before you sign a contract or move forward with a new home purchase, it is important to understand what deed restrictions are, how they are different from HOA rules, and how they may impact your property over time.

This guide explains what Central Florida buyers need to know about deed restrictions, including what they mean, where to find them, what restrictions are common in Orlando area communities, and what questions to ask before closing.

What Are Deed Restrictions?

Deed restrictions, also known as restrictive covenants or CC&Rs, are legal rules attached to a specific piece of property. They are recorded in the public records and become part of the property’s title.

In simple terms, deed restrictions are rules that follow the land. That means they apply not only to the first buyer, but also to every future owner of the home.

Unlike zoning laws, which are created and enforced by a city or county, deed restrictions are usually created by a private party. In many new home communities, that private party is the developer or builder who planned the subdivision. Once the community documents are recorded with the county, those rules become part of the official property record.

The most important thing to understand is this:

Deed restrictions do not disappear just because the home is sold.

They can continue to affect the property for years, and in many cases, for decades. They may still apply even if the HOA changes, becomes inactive, or is dissolved, depending on how the restrictions were written.

That is why buyers should review deed restrictions before making a final decision, not after closing. By reading them early, you can understand exactly what you are agreeing to and avoid surprises after you move in.

Deed Restrictions vs. HOA Rules: What’s the Difference?

This is one of the most common questions Central Florida buyers ask, and it matters. Deed restrictions and HOA rules are connected, but they are not the same thing.

Deed restrictions are written into the recorded legal documents for the property. They apply whether or not an HOA exists, and they can only be changed through a formal legal process. In many communities, that process requires approval from a large percentage of property owners.

HOA rules, also called community rules, regulations, or guidelines, are policies adopted and enforced by the Homeowners Association board. These rules are usually more flexible. An HOA board may be able to update certain community rules without changing the underlying deed restrictions.

Think of it this way: Deed restrictions set the baseline for what is allowed in the community. HOA rules can add more specific requirements on top of them. An HOA may be able to create stricter rules, but it generally cannot ignore, override, or loosen recorded deed restrictions without going through the proper amendment process.

In Florida, HOAs are governed under Florida Statute Chapter 720, which outlines homeowner rights and association responsibilities. Deed restrictions are handled separately, primarily under Florida Statute Chapter 712, known as the Marketable Record Title Act, and Florida Statute 689.18, which addresses restrictive covenants on real property.

What Florida Law Says About Deed Restrictions

There’s a critical piece of Florida law that most buyers and many real estate agents don’t know about: the Florida Marketable Record Title Act (MRTA), found in Florida Statute Chapter 712.

Under MRTA, deed restrictions older than 30 years may become unenforceable unless the HOA or community association takes steps to preserve them. Specifically, a preservation notice must be recorded in the county’s official records every 30 years to keep the covenants active.

In practice, this means:

• Restrictions in older communities (pre-1990s) may have expired if they weren’t re-recorded

• In active HOA communities, the association typically handles preservation automatically

• In communities without an HOA, expired deed restrictions may no longer be enforceable though this requires legal review to confirm

For buyers purchasing in a new construction community like Yucatan gardens, this is rarely an issue. Developers record fresh covenants as part of the subdivision plat, and active HOAs or CDDs maintain them. But if you’re purchasing a resale home in an older neighborhood, it’s worth having a real estate attorney review the recorded documents.

In Florida, deed restrictions are powerful but they’re also time-sensitive legal documents with a built-in clock. Understanding that clock is something most buyers never think to ask about.

Common Deed Restrictions in Central Florida New Home Communities

Every community has its own set of restrictions, and they vary significantly. But if you’re buying a new home in Orlando, there are the types of restrictions you’re most likely to encounter:

Architectural and Exterior Standards

This is the most common category of deed restrictions in Florida communities. Typical restrictions include:

• Exterior paint colors: Many communities require pre-approved color palettes. You can repaint your home but only in approved colors, and often only after submitting an Architectural Review Committee (ARC) application.

• Roofing materials: Restrictions may specify shingle type, color range, or material. Many newer communities prohibit corrugated metal roofing on residential homes.

• Fencing: Height limits (commonly 4–6 feet), material requirements (wood, vinyl, or aluminum rarely chain link in deed-restricted communities), and placement rules. Many prohibit fencing in front yards or require it to be set back from the front of the home.

• Additions and structures: Sheds, pergolas, screen enclosures, and room additions typically require ARC approval before construction begins.

• Solar panels and satellite dishes: Federal law limits how severely deed restrictions can restrict these, but some communities still impose placement requirements.

 Vehicle and Parking Restrictions

These are the restrictions that most often surprise new homeowners:

• Boats, RVs, and recreational vehicles cannot be parked in driveways or visible from the street

• Commercial vehicles (cargo vans, box trucks, vehicles with company signage) may be prohibited from overnight parking on residential driveways

• Inoperable or unregistered vehicles cannot be stored on the property

• Garage doors may be required to remain closed when not actively in use

Landscaping Requirements

•       Grass must be maintained at or below a specific height

•       Native or approved plant species may be required for landscaping replacements

•       Removal of certain trees (especially protected species) requires prior approval

•       Vegetable gardens may be restricted to rear yards and shielded from street view

Use and Occupancy Restrictions

• Rental restrictions: Many deed-restricted communities in Central Florida require a minimum lease term often 6 or 12 months specifically to prevent short-term rentals (Airbnb, VRBO). If you’re considering renting your home in the future, this is one of the most important restrictions to check before you buy.

• Home-based businesses: Some communities prohibit business activity that generates customer traffic, requires signage, or involves frequent commercial deliveries.

• Pets: Restrictions may limit the number of pets, restrict certain breeds, or require that pets be on leash when outside.

• Minimum square footage: Developers often record minimum size requirements to protect property values and preserve the neighborhood’s character over time.

The Architectural Review Committee (ARC): What It Is and Why It Matters

In most deed-restricted communities in Central Florida, a body called the Architectural Review Committee (ARC) sometimes called the Architectural Control Committee (ACC) reviews and approves homeowner requests to make exterior changes.

Before you paint your front door a new color, install a fence, or add a screened lanai, you’ll typically need to submit an application to the ARC. The committee reviews it for compliance with the deed restrictions and community guidelines, then issues an approval or denial usually within 30 to 45 days.

What happens if you skip the ARC process?

If you make changes without required ARC approval, the HOA can require you to reverse the changes at your expense. In Florida, HOAs have legal authority to fine homeowners for violations and, in some cases, place liens on the property for unpaid fines. Willful violations can also create complications at resale.Buyers’ lenders may require resolution of open violations before financing is approved.

This is why it’s important to understand the ARC process before you close, not after your contractor has already poured the concrete.

How to Find Deed Restrictions Before You Buy in Florida

Deed restrictions are part of the public record in Florida. Here’s exactly how to find them:

For new construction communities, your builder or their sales team is required to give you a copy of the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) as part of the disclosure process. Ask for them during the contract period before your inspection contingency window closes so you have time to review them thoroughly.

For existing communities, search the county’s official records portal using the subdivision name or plat book information. 

Work with a real estate attorney. Florida law does not require an attorney at closing, but for many buyers, having an attorney review the title commitment and CC&Rs is money well spent. An attorney can flag expired restrictions (MRTA issues), conflicts between deed restrictions and local zoning, and anything unusual in the recorded documents.

Your title company will also review deed restrictions as part of the title search. Your title commitment will reference any recorded covenants that affect the property.

What Happens When a Neighbor Violates a Deed Restriction?

In Florida deed-restricted communities with an active HOA, enforcement is the responsibility of the association, not individual homeowners. If a neighbor is violating a deed restriction, you file a complaint with the HOA, not the county.

The HOA has authority to:

• Issue violation notices

• Impose fines (Florida law caps HOA fines at $100 per day per violation, with a $1,000 maximum without a formal hearing, unless the CC&Rs specify otherwise)

• Place liens on the property for unpaid fines

• Pursue legal action for persistent or serious violations

If there’s no HOA, enforcement falls to individual homeowners through a civil court action which is expensive and time-consuming. This is one reason many buyers prefer communities with active HOAs: consistent enforcement protects property values for everyone.

Questions to Ask Your Builder About Deed Restrictions

If you’re buying new construction in Central Florida, these are the questions worth asking before you sign:

1. Can I see the full CC&Rs and community guidelines before I make an offer?

2. Is there an Architectural Review Committee, and how long does the approval process typically take?

3. What exterior changes will require ARC approval after I move in?

4. Are there any rental restrictions? Is short-term rental (Airbnb, VRBO) permitted?

5. Are the deed restrictions managed by the HOA, a CDD, or both?

6. What is the process if I want to make a change that isn’t covered by the CC&Rs?

7. Have the deed restrictions been recorded recently? When were they last updated?

8. What happens to the deed restrictions once the developer turns control of the community over to the homeowners? 

A builder with a clear, transparent process will welcome these questions. If you’re getting vague answers or being discouraged from reviewing the documents carefully, that’s worth paying attention to.

Deed Restrictions at CFB Homes Communities

CFB Homes builds deed-restricted communities throughout Central Florida including Yucatan Gardens in Azalea Park , The Palms Village at Waterford Lakes, Gray Hawk in Sanford, and Rivers Edge in Seminole County.

Each community has its own recorded covenants that govern how homes are maintained and how the neighborhood evolves over time. We provide full CC&R documentation to buyers during the contract period, and our team is happy to walk you through what the restrictions mean in practical terms, not just legal language.

Our communities are designed to balance personal freedom with neighborhood quality. The deed restrictions are there to protect your investment just as much as they govern what you do with your property.

The Bottom Line 

Deed restrictions aren’t something to be afraid of in most cases, they’re one of the reasons the communities you’re considering look as good as they do. They protect your investment by setting standards that every homeowner in the neighborhood has to meet.

But you do need to understand them before you buy. Read the full CC&Rs during your contract period. Ask your builder specific questions. Work with a title company or real estate attorney who can explain anything that isn’t clear.

At CFB Homes, we believe buyers who understand their community including how it’s governed  make better decisions and end up happier in their new homes. That’s why we make full disclosure documentation available early in the process and walk buyers through what it all means.