Legal Question in Civil Litigation in Florida

Re: fence in mobile home park

You have a point. The park may not selectively enforce its rules. They can either grant you a variance (requested according to the park rules before installing the non conforming fence) or you can insist that all other non conforming fences be removed. This is not harassment it is merely your right to have the rules applied consistently.

Re: fence in mobile home park

Alternatively, you could put up the fence and then if challenged or sued, you could use as a defense waiver of the covenants/rules.

Re: fence in mobile home park

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A park owner must enforce the rules consistently. As a matter of principle you may be right in your position but defending principles can be very costly. Are you prepared for litigation should that ensue?

I know that park space is increasingly difficult to find and the cost to move a mobile home is also expensive. While you may be right, it may simply be more prudent to comply. I would suggest that you consult with an attorney who can review the specifics of your problem and advise you about your legal rights and obligations.

Scott R. Jay, Esq.