Legal Question in Real Estate Law in Florida
Home owners agreement violation
Or homeowners agreement prohibits a residence to conduct a business on the premises.
Recently, a local owner of a residential living facility decided to expand his business by purchasing one of the homes in our neighborhood and leasing it to a couple for $3000 per month. The couple , in turn, will house 6 SSI recipients who will also be shuttled to a place of sheltered employment each day by the couple.
Since we have a gated community, with a set of by-laws which prohibits residential businesses on the grounds, the majority of the homeowners believe we should pursue the matter in a court of competent jurisdiction.
My question: What are the odds of pursueing the matter successfully in the courts?
2 Answers from Attorneys
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