Accessory Dwelling Units in Florida
An accessory dwelling unit (ADU) is a self-contained residential unit located on the same parcel as a primary single-family home. Florida's 2024 ADU legislation (HB 1339) requires local governments to allow ADUs in areas zoned for single-family residential use, marking a significant shift in the state's housing policy.
Florida's 2024 ADU Law
House Bill 1339 preempts local zoning ordinances that previously banned ADUs in single-family zones. Municipalities can still regulate size, height, setbacks, parking, and design standards, but they cannot impose an outright prohibition. The law aims to address Florida's housing affordability crisis by increasing the supply of smaller, more affordable rental units within established neighborhoods.
HOA and Deed Restriction Considerations
The state ADU law does not override private covenants. Many Florida homeowners associations have deed restrictions limiting parcels to a single dwelling or prohibiting detached structures. Property owners in covenant-controlled communities should review their declaration and consult legal counsel before investing in ADU design or construction.
Related Terms
Barnes Walker Real Estate
Barnes Walker advises property owners on zoning compliance, HOA restrictions, and ADU development throughout Manatee and Sarasota counties. Contact us to discuss your project.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC