There has been so much talk about the new condo laws. However, one new HOA law is a major change to the thousands of HOAs throughout the state.
As we know, you lose some of your rights to use your property the way you want to use it when moving into a deed restricted community. But suppose what you want to do truly has no effect on anyone else? Nobody else can even see what you want to do? Why then should you be stopped from doing what you want to do? Well a new Florida law addresses that issue:
720.3045 Installation, display, and storage of items.—Regardless of any covenants, restrictions, bylaws, rules, or requirements of an association, and unless prohibited by general law or local ordinance, an association may not restrict parcel owners or their tenants from installing, displaying, or storing any items on a parcel which are not visible from the parcel’s frontage or an adjacent parcel, including, but not limited to, artificial turf, boats, flags, and recreational vehicles.
How many fights have there been over the years between boards and owners about an owner putting their boat or recreational vehicle in their yard and the board demanding its removal, despite the fact that the boat or recreational vehicle could not be seen from any other parcel? Well,,…… those days should be over. Maybe.
Although the statute is clearly designed to prevent further fights, there may be parcel owners who test the statute. For example, does the term “not visible …from the adjacent parcel” mean that the adjacent parcel owner should not be able to see the boat from the second or third story of their home, or does it mean from ground level only? Perhaps this should have been clarified. For the most part however, lots of boats and recreational vehicles are now likely to wind up on your neighbor’s property.