Florida homeowner association board passed a rule limiting property use, by invoking a two car max. allowable.

Asked in Naples, FL - about 1 year

This involves townhomes. Some have room for just 2 cars . some have room for 4 or more cars.The rule was passed for equality. So says the board. Since units have 3 bedrooms there is a posibility of 4 drivers in one unit. This is common sense. If the vehicles are kept within the property and properly parked,How can board restrict use. Developer never did in original docs.

Attorney Answers (2)

Dennis Andrew Chen

Orlando Landlord / Tenant Lawyer

Licensed in FL

4

0

Answered about 1 year ago. An attorney will have to review the original documents to properly advise you regarding this matter. There are limitations regarding the changes that an HOA can make regarding the use of property.

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Barbara Billiot Stage

Orlando Residential Real Estate Lawyer

Licensed in FL

1

0

Answered about 1 year ago. The Board of Directors can only create rules that are reasonable and serve a legitimate business purpose. They cannot create new covenants and can only clarify existing restrictions. I agree that a reading of your governing documents (Declarations, Bylaws and Articles of Incorporation) are necessary to determine of the documents contain any restrictions that could be interpreted to allow for the rule.

You should hire an attorney experienced in condo and homeowner association law. These two areas are very similar in many aspects, but do have some differences. Additionally, over the past ten years, the amount of judge made law on these topics has grown. There was a case a few years back in which an association tried to keep out large SUVs, claiming any vehicle over a certain weight was a commercial vehicle. The case was thrown out and became know as "the Hummer case" because the vehicle that was the subject of the dispute was a Hummer.

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