Patios
There is no special patio law. Here is what actually governs your request.
This course's research found no state statute that singles out patios for special protection or a set review process. A patio request is governed by your declaration's architectural authority, any design guidelines adopted under it, and, if your documents set no setback, your local government's setback rule. The board still owes you a fair, good faith review.
The committee's power over your patio comes from the declaration
An architectural review committee cannot invent authority it was not given. Its power to review anything, patios included, comes from the recorded declaration or from design guidelines adopted under it. If your declaration lists exterior categories the committee may review and patios are not one of them, and nothing else in the document reaches them either, its authority to touch your patio is, at minimum, contestable.
"The authority of an association or any architectural, construction improvement, or other such similar committee of an association to review and approve plans and specifications for the location, size, type, or appearance of any structure or other improvement on a parcel... shall be permitted only to the extent that the authority is specifically stated or reasonably inferred as to such location, size, type, or appearance in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants."
Source: Florida Statutes Section 720.3035, State of Florida
Read your declaration's architectural review section before assuming the committee has a say. Look for broad language such as "any exterior improvement" or "any change visible from the street," not just a specific list.
If your documents are silent on setback, local zoning fills the gap
Many declarations never set a specific setback distance for a patio. When that happens under a rule like Florida's, the answer is not that the committee picks a number: the local government's setback limit takes over, and the association cannot enforce anything stricter.
"When the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants do not provide for specific setback limitations, the applicable county or municipal setback limitations shall apply, and neither the association nor any architectural, construction improvement, or other such similar committee of the association shall enforce or attempt to enforce any setback limitation that is inconsistent with the applicable county or municipal standard."
Source: Florida Statutes Section 720.3035, State of Florida
Whether your state has an equivalent rule, and what your own city or county's patio setback actually is, varies. Check your municipal zoning code and your declaration before assuming either one controls.
Even without a patio specific law, the review still has to be fair
No statute in this course's research sets a special process just for patios, so most of what happens next depends on your declaration and any design guidelines adopted under it. That does not mean the committee can do whatever it wants with the discretion that is left over.
Some states hold architectural decisions to a good faith standard. California requires this for any proposed change, patios included:
"A decision on a proposed change shall be made in good faith and may not be unreasonable, arbitrary, or capricious."
Source: California Civil Code Section 4765, State of California
It is also worth checking your declaration itself, separately from any state law. Many contain their own promise that silence past a stated deadline counts as approval rather than denial. Read that clause before assuming that no answer means no.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
A declaration sets no setback distance for any structure, and never mentions patios. The city's zoning code requires a 5 foot rear setback. Can the architectural committee demand a stricter 10 foot setback instead?
A declaration authorizes review of "any exterior improvement to a lot" but never uses the word patio. An owner argues this means the committee has no power over her new patio. Is she right?
A declaration says silence past 60 days means a request is deemed approved. The board never responds to Maria's patio application. Six months later it tells her to remove the patio for lack of approval. Who is right?
Architectural Review
Once you know whether your declaration reaches patios at all, the next question is what standard it holds you to. See Design standards.
Whether your declaration's architectural authority reaches patios, what setback rule fills the gap, and how much procedural protection state law adds all vary by state and by your own governing documents. Confirm both before treating a denial as final.