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Condos and associations

HOA approval and condenser placement in Casselberry, Florida

Since HB 803 (2026) amended s.720.3035, a Florida homeowners' association may not require a building permit as a prerequisite to its own architectural approval. Get the association's written approval of the equipment and location first, then apply for the mechanical permit.

The law

What changed for associations in 2026

New in 2026

An HOA may no longer require a building permit as a prerequisite to its own architectural approval.

CS/CS/HB 803 (2026), chapter 2026-63, amended s. 720.3035, Fla. Stat. among several other sections. The practical effect for a homeowner is that an association cannot insist you pull the permit first and then come back for architectural review — which used to create a genuine deadlock, because a contractor reasonably will not apply for a permit on a job the association has not approved.

This does not remove the permit requirement, and it does not remove the association’s right to review. It removes one specific ordering trap. What else HB 803 did — and did not do.

In practice

Condenser placement and what associations actually ask for

Condenser placement is where associations and air conditioning meet, and in Casselberry it comes up constantly: 786 units in the three largest condominium developments, plus deed-restricted single-family pockets such as the Villas at Deer Run, Legacy Park and the Reserve at Legacy Park. What tends to be at issue:

  • Screening. Most reasonable to accommodate. Remember that a condenser needs unobstructed airflow — a screen too close to the coil raises head pressure and shortens the compressor’s life. Agree the clearance in writing.
  • Relocation. Moving a condenser means a new pad, a longer lineset and often new electrical. It is a real cost and it belongs in the quote before approval, not after.
  • Pad and slab. In a condominium, the pad is frequently common element even when the equipment on it is not. Read the declaration.
  • Noise. A modern variable-capacity condenser is usually quieter than the 1980s unit it replaces, which is worth saying in an application.

A practical order of operations: get the quote with the proposed location and equipment specified, submit it for architectural review, get the approval in writing, then apply for the mechanical permit. Since 2026 the association cannot demand that sequence be reversed.

Two separate approvals

The HOA is not the permit desk

Worth being clear about what an association has nothing to do with. The permit is between the contractor and the building department — the City of Casselberry at 95 Triplet Lake Drive if you are inside city limits, Seminole County in Sanford if you are in Deer Run or Fern Park. Association approval is not a permit and a permit is not association approval. You need both, and they are issued by people who do not talk to each other.

The Casselberry line item

Inside city limits the permit is a flat $200.00. Not a percentage. Not a guess.

The City of Casselberry publishes one flat fee for HVAC, grouped with Electric / Plumbing / Gas: $200.00. It does not scale with the contract, so it is the same $200 on a $6,500 changeout as on a $14,000 one. If a Casselberry-city quote shows a permit allowance of $450 “to cover permitting,” ask what the other $250 is.

If your address is in Deer Run or Fern Park (32730), this fee does not apply to you — those are unincorporated Seminole County and permit through the county Building Division in Sanford. Which desk is mine?

Need a quote you can submit to the board?

Ask for the proposed condenser location, the equipment dimensions and the sound rating in writing. Boards approve specifics far faster than they approve intentions.

Phone: (689) 308-3675 · Monday-Friday, 8:00 AM - 5:00 PM

Sources

Where the facts on this page come from

Every figure above is either a primary-source document or a named third-party cost guide. All of it was checked in September 2026. Fee schedules, rebate amounts and market prices change without notice — if you are about to spend money on one of these numbers, open the source and check it.