Legal Question in Landlord & Tenant Law in Florida

Does my HOA have the right to force me to get rid of my legally owned vehicle based solely on the physical appearance and without giving me any reasonable options to comply?

*some background*

I have lived in the same community for 5 years and my car has never been shiny and new. It has gotten worse over the years with the damage from the Fl sun but now without prior warning or notice, I'm getting told that I'm no longer allowed to park it within the gates and my only options are to; get a new paint job, buy/lease a newer car or park my car off site somewhere and just walk to and from to get home. (as a small female, the thought of walking alone at night worries me.) I asked if I could be allowed to just cover the car as I feel it's a reasonable solution but was told that 4 members of the board who are the ones to bring up this complaint against me are also people whom have been through this with their own vehicles and were forced to make financial sacrifices so they feel I should as well. It seems like instead of dealing with this rationally, it is being done out of spite. Do I have any legal rights here or will I also be forced to make a financial decision I would have not made otherwise?


Asked on 1/17/15, 1:17 pm

1 Answer from Attorneys
Philip Duvalsaint Philip A. Duvalsaint, PLLC

It really boils down to your HOA documents. There is a Declaration of Covenants and Easements which may list the vehicle restrictions. There may also be a Master Association governing yours and other communities in the area. The Master Association may also have a say. If you had a garage, that could be a solution. You should consult with an attorney. Make sure to bring your HOA documents.

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Answered on 1/17/15, 3:35 pm


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