Legal Question in Civil Litigation in Florida

Re: Comerical use out of ones residence

In our modern subdivisions, the old adage of "my home is my castle" does not apply. The deed to your property, and your right to use your house as you please is subject to and, in many significant respects, governed by the homeowner association documents. Many such association documents contain provisions concerning the operation of a business in your house. Whether you have customers coming in and out of your house may not be relevant. If you do not have a copy of the applicable association documents, ask your association for a copy of the documents and familiarize yourself with the specific provisions that apply to your situation. Homeowner associations are notorious for making up rules as they go along, and misinterpreting and misapplying the provisions of the documents. If, after reading the documents, you are still unclear about your legal rights, consult an attorney who is experienced in association matters.

Re: Comerical use out of ones residence

Possibly. You will need an attorney to analyze, among other things, the document that specifies your rights and obligtions as a member of the association. Your attorney would also review recent court decisions regarding the legality of such restraints as you complain about. he or she would then be in a position to advise you. You may recall an analogous situation in Tampa recently where some entrepreneurs operated a "voyeur dorm" via live internet feed from a private residence in a neighborhood not zoned for adult use. The issues are not always clear cut. Feel free to contact me for further assistance.