Legal Question in Real Estate Law in Florida

Hello,

I have a big problem with my neighborhood association. They are getting to big for their pants. I got two problems with them.

I need some help. I have a huge question for you and I really hope you can help me out. I live in Glenbrook Estate in Palm Harbor. My Neighborhood Association had a meeting Monday night. They want to dictate the month, the day, the time, and how many garage sales we can have a can have in our neighborhood. We do have a deed restrictions in our neighborhood but it does not state anything in there about garage sales. This is there idea for it because they do not want traffic in the neighborhood. I feel this is taking away my rights as a citizen. Is this legal? Can they do this?

Second problem that I have is safety in my neighborhood. My mom and I have lived here since 2004. If we have known about these problems we would never bought the house. We live on a dead end street and the other side of the street is condos. The condos are GlenEngles which is all private roads. They have a gate at the end of our street to close off their property. The problem is this, we have traffic coming our street all the time trying to get on up the other side of the gate into GlenEngles. This gate does not move, it is wrought iron and does open. They gate has a big stop sign on each side. The drivers of the cars get mad and tear up our property and my neighbors property across the street from us. We have had cars, trucks, motorcycles cutting across our property to get on the other side. We also have semi's, ambulance, deputies, county cars, companies trucks, and etc.

On several occasions we have almost been hit ( my dog, my great neice who was 2 years old, my mom who is 74 yrs old, myself , our car and our house. We have contacted the county about our problem. They have put up signs in the neighborhood but is not helping and they will not do anything else to help. They corrected their maps that does put a X where the gate is. We have also contacted MapQuest about the GPS with directing people down our street. We have also contacted other companies that deals with the GPS. Nothing stops the traffic down our street. Sometimes drivers will ask us for directions to the other side because their GPS is giving the wrong information.

We have had all kinds of damage to our property. They have torn up sod, broken sprinklers heads, busted mailbox, torn bushes, back into our garage and broke the flag on the roof, hit our car in the driveway, almost hit the corner of the house which is over 25 feet from the curb, as well as hitting us.

We have tried everything we can think of to protect us and our property. We have called the sheriff, planted bushes, trees, and rocks along the street, planted bushes and cement edges on the side of property and driveway. We have put up a chain on post across driveway ( which the drivers torn out). Signs and garage cans. We do not know else to do.

Our HOA has in its deed restrictions that garage cans are to be places along side of the house. We and our neighbor across the street have been using a large garage can in the center of our driveway to prevent cars pulling in and damage the property or persons. The neighbor has also been using paint sticks in his yard and almost been ran over because of the drivers being mad. Our neighbor next door has had their truck hit from someone backing into their drive and their garage door has been hit several times. Now, our HOA has been complaining about the garage can in the driveways. They have sent out letters stated about the garage can in the driveway. They do not like the cans and want them removed. They are not taking the problem seriously. I asked for a waiver for myself and the neighbor across the street to be allowed to keep the garage can at the end of the drive to stop the traffic so we can protect ourselves. This has help us protecting our property and our lives. They would not agree to do this nor would they believe it is as bad it is. They would listen to us. They said that it is in the restrictions, they have had complaints, they do not beleive us and they can fine us. They also said that their are people in our neighborhood that would sue the board if they do not enforce this. They do not like garage cans.

We have a camper, two trailers, an window A/C in the garage, a business truck and many other people that are breaking the bylaws. They are not doing anything about them. Since we have lived here (2004) the board has not done anything about these owners. Some of them are friends of board members or board members.

My mom is 74 yrs old, disabled, single female. They are harassing her. Now they are harassing her when she has bags for the trash man from me doing the yard work. The trash man was coming the day after. They did not like it out there at the curb.

What can we do to protect our safety and property? We do not have the funds to hire an attorney. This is the reason why I am asking you. We need help so badly!!!

Thank you,

Beverly Van Zyl

Elizabeth Van Zyl

4429 GLenbrook Drive

Palm Harbor, Fl 34683

727-667-5291

727-421-5922

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Asked on 3/08/12, 4:56 pm

1 Answer from Attorneys
Alterraon Phillips APLaw, LLC

Hi Ms. Van Zyl,

In relation to your first question, the HOA board can regulate garage sales as long as they follow the HOA bi-laws when it comes to amending or creating rules/regulations and they receive the appropriate no. of votes required per your bi-laws/covenants. I would recommend you review your HOA bi-laws and covenants to ensure they are following the proper procedures.

In relation to your second question, everytime someone intentionally drives on your property and damages it, they become liable for the damages. Unfortunately you have to know who they are and likely sue to recover. Based on the facts you presented, I presume the fence leaves a gap for people to pass thru/drive thru. My recommendation to you is to contact the owners of the condo complex. Since it is their property people are trying to access, they become responsible for the problem. Sounds like a simple fix is to extend the fence along both your neighbor and your property so no one can pass by and they should install a sign at the end of your street saying dead end.

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Answered on 3/10/12, 3:45 pm


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