What Are Deed Restrictions?
Deed restrictions (also called restrictive covenants or covenants, conditions, and restrictions — CC&Rs) are legally binding limitations recorded in a property's chain of title. They travel with the land, meaning they bind every future owner regardless of whether that owner knew about them when purchasing. They are different from zoning, which is a government regulation; deed restrictions are private agreements between prior landowners or developers.
In Florida, deed restrictions are common in subdivisions developed from the 1940s through the present. A developer typically records a Declaration of Restrictions when platting a subdivision, and those restrictions bind all lots in the development forever — or until a specified expiration date, which many older Florida restrictions have already reached.
How Deed Restrictions Differ from HOA Rules
Many people confuse deed restrictions with HOA rules. The key differences: HOA rules are enforced by the association, can be changed by board vote or member vote, and are subject to the Florida Homeowners' Association Act (Chapter 720). Deed restrictions are enforced by neighbors or third parties through civil litigation, are much harder to change (often requiring unanimous consent of all affected lot owners), and are governed by general property law rather than HOA statutes.
A property can have deed restrictions without an HOA, an HOA without deed restrictions, or both simultaneously. If both exist and conflict, the more restrictive provision generally controls.
Common Deed Restrictions in Florida
Exterior appearance: Restrictions on paint colors, siding materials, roofing materials, and landscaping are extremely common in Florida subdivisions. Some older restrictions specify "earth tones only" or prohibit metal roofs. Pre-approval from a committee may be required before painting or re-roofing.
Fences and walls: Many Florida deed restrictions limit fence height (typically 4–6 feet), materials (wood vs. vinyl vs. chain-link), and placement (rear yard only, not to extend forward of the house). Some prohibit fences entirely in front yards to maintain open streetscape views.
Vehicles: Restrictions on parking commercial vehicles, RVs, boats, or trailers in driveways or yards are among the most commonly enforced deed restriction provisions in Florida. Some restrictions limit the number of vehicles parked on a property.
Short-term rentals: This is a major issue in Florida's vacation-destination markets. Many deed restrictions recorded long before Airbnb prohibit rentals of less than 30 days, 6 months, or even one year. Even if a city or county permits short-term rentals by zoning, a deed restriction can prohibit it — and neighbors can sue to enforce it.
Home-based businesses: Restrictions may prohibit operating any commercial business from the property, ban customer traffic, or prohibit visible business signage.
Minimum home size: Older subdivisions often recorded minimum square footage requirements (e.g., "no dwelling under 1,200 sq ft of living area") to maintain neighborhood character.
Single-family use only: Some restrictions prohibit subdivision of lots or construction of accessory dwelling units (ADUs), even where county zoning would permit them.
How to Find Deed Restrictions on a Florida Property
Deed restrictions are recorded in the county's Official Records, maintained by the Clerk of Court. Most Florida counties provide free online access through their website. Search by the subdivision name or the property's legal description to find the Declaration of Restrictions. Also check for any amendments recorded after the original declaration.
A title search performed as part of a real estate closing will identify recorded deed restrictions — but the title commitment won't explain what the restrictions mean or how they may affect your plans. Have a Florida real estate attorney review the restrictions before closing, especially if you have specific plans for the property (rental income, home addition, home-based business, etc.).
Enforcement of Deed Restrictions
In Florida, deed restrictions are enforced by private parties — typically neighbors or an entity designated in the restriction document. Unlike HOA violations, there is no government agency to call. To enforce a deed restriction, the aggrieved party must file a civil lawsuit in circuit court seeking an injunction. This makes enforcement somewhat self-limiting: it requires a motivated neighbor willing to spend money on litigation.
Courts will generally enforce deed restrictions unless they are: (1) expired by their own terms; (2) abandoned due to widespread violations that were never challenged; (3) unlawfully discriminatory (race, religion, national origin — Fair Housing Act prohibits these); or (4) so vague as to be unenforceable.
Modifying or Removing Deed Restrictions
Removing or modifying deed restrictions in Florida typically requires one of three approaches: (1) Agreement of all affected lot owners — this is nearly impossible in large subdivisions; (2) Court action to have the restriction declared expired, abandoned, or unenforceable; (3) Statutory process under Florida Statute §712 (the Marketable Record Title Act), which can extinguish restrictions older than 30 years if certain steps are taken. An experienced Florida real estate attorney is essential for any modification effort.
Bottom Line for Florida Buyers
Before making an offer on any Florida property — especially in a subdivision — request the full Declaration of Restrictions and read it carefully. Pay particular attention to rental restrictions, fence and improvement rules, and any provisions that affect your intended use. What you don't know about deed restrictions can cost you far more than a $300 attorney review.