Legal Question in Real Estate Law in Florida

Deed restriction on landscaping/flowerbed

I owned my property for 1-1/2 years when I finally decided to re-do my landscaping/ flowerbed to my liking from what it was originally (from construction). Most of my neighbors have already made changes (e.g. changed mulch, added flowers, etc.). So, I worked on my budget and did some research to maximize the benefits of spending for my landscape. I ended up putting the rubber mulch because it will not require maintenance like ordinary mulch. Rubber mulch comes in different colors. I chose blue because my desired flowers are mostly lavender and white. So everything was done and I really liked the end-product. However, 5 days later, I got a letter from the HOA telling me that I did not get pre-approval for the landscape change. I asked my other neighbors and they affirmed that they did not get any letter after they modified theirs. One neighbor told me that the entire community recently changed the HOA management and it�s creating too much headaches to the early residents [who occupied the properties 1 to 2 years ago]. I am 99% sure that the deed restriction document given to us � Phase 1 and 2 residents � DO NOT contain any specifics regarding landscaping. Please advice on what�s the best action I should take re: the HOA letter.


Asked on 6/27/05, 8:54 am

1 Answer from Attorneys
Patrick Dervishi PATRICK DERVISHI, P.A.

Re: Deed restriction on landscaping/flowerbed

Need to take immediate action. Your HOA will most likely engage its attorney to file a Petition for Mandatory Mediation should you not comply with their demand. Your case seems interesting but need to read the HOA docs. You may have a good case of selective enforcement.

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Answered on 6/27/05, 9:18 am


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