Legal Question in Real Estate Law in Florida

Enforcement of HOA CCR's for violations

Facts: Homeowner restrictions prohibit businesses in premises. Owner of a residential living facility decided to expand business; bought home in neighborhood and is leasing to couple to house 6 tenants who will be shuttled to a place of sheltered employment each day by the couple.

Q. What are the odds of pursueing the matter successfully in the courts?

A.Unknown without more facts. Has your HOA enforced its restrictions evenly in the past or allowed others to violate them and get away with it. Enforcement must not be arbitrary, capricious or selective. The owners actions must be flagrant and offensive. It really depends on the facts. Courts do not like to restrict ones use of property. In Boyce v. Simpson, 24 Fla. L. Weekly D2658 (Fla. 4th DCA Nov. 24, 1999) an owner of a single family home wanted to operate an Adult Congregate Living Facility. Neighboring property owners sought an injunction, claiming the use violated the deed restriction which stated: "No business buildings may be erected in the subdivision and no business may be conducted on any part therof." The District Court affirmed the trial court finding there was no violation & interpreted the language "and no business may be conducted on any part thereof" as relating to "business buildings" and not "subdivision."

You may want to check with the County/City to find out if there are any restrictions on the number of unrelated people who may occupy a home. It would be cheaper to have the government do your work for you.

Re: Home owners agreement violation

It all depends on the wording in your deed restrictions

and the judge who hears the case. For an example

of a recent case where the Courts refused to

enforce the deed restrictions, check out the new cases

at my website www.redersdigest.com