Legal Question in Real Estate Law in Florida

home owners association

my question is about my home owners association . says in the covenant restriction. that on the rear of my property in orange county florida. the restrictions on the rear of property that a fence on rear of property is not to exceed 48 inches . now on the back end of my property i put in a fence that is 46 inches and raised it off the ground a few inches which brough the hight from the dirt to the top of the fence to over 48 inches now. the home owners association says that i am to take the fence down within 7 days or they will impose a 100 fine per day to a maximum of 1000 dollars. now in the covenant restrictions it says nothing about that i cant raise the fence off the ground it just says height of fence. orange county on the other hand is ok up 10 feet in rear of property. can you give me any input on this. and also do i have to even listen to home owners association or do can i go by county rules ..thx craig


Asked on 4/27/02, 7:58 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: home owners association

If you live within an area governed by a homeowners' association, they have the right to make reasonable rules, regulations, by-laws or other governing restrictions which you must abide by. There are a few statutory exemptions but otherwise they are the final say....not the county. I suggest you revisit the documents which you received upon your purchase. Failing to abide may result in fines, sanctions or even a foreclosure of your home.

You are strongly urged to visit with a qualified real estate attorney in your area to discuss the specific facts with. To move forward (or do nothing) may be at your own peril.

Scott R. Jay, Esq. 305-249-8000

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Answered on 4/28/02, 9:44 pm


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