Legal Question in Real Estate Law in Florida

Home Owner's Assn power under administrative dissolution
Can a Home Owner's Association enforce subdivision covenants that have gone unenforced since the administrative dissolution of the HOA in 1994. The developer is trying to make us move a camper trailer we use occassionally when we work on maintaining our lot. There are a lot of campers on lots in the subdivision and have been for years. Subdivision restrictions restrict mobile homes on the lots but campers are not addressed at all. We heard there was a verbal agreement between the developer and some lot owners that campers could be on the lot for up to a year during construction. Many campers have been there longer with and without construction of permanent homes.

Asked on 8/05/01, 7:23 pm

Randall Reder Randall O. Reder, P.A.

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Re: Home Owner's Assn power under administrative dissolution

One would need to study all the documents in order

to give you advice. The fact that restrictive

covenants have not been enforced for several years

raises issues such as estoppel and waiver. The

bottom line is that you cannot get a definite answer

to your question until all the facts and circumstances

are submitted to a judge, who is the only one who can make

a decision. I suggest you seek the advice of a

knowledgeable real estate attorney in your area.

Answered on 8/07/01, 4:13 pm

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