Legal Question in Real Estate Law in Florida

Home owners association regualtions

I want to know what my rights are as a home owner. My HOA has sent me a letter informing me that my driveway color is not approved. First, I painted my driveway 2 years ago and nothing was said. So two full years have passed with no complaints. (They have in my opinion set precedence). I recently ''touched up'' some areas that were faded and this is when I got the letter telling to change the color to an approved color. Two years after the fact. In addition, there are a least 5 other homes with the same color and at least 50 homes in the neighborhood with ''non conforming'' colors on the houses and driveways. Basically the HOA has not enforced their rules for years. Can they just decide to now?? I am not going down without a fight. I feel confident that their is bias here. They pick and choose who has to follow the rules and I plan to prove they are picking on me if necessary. Your thoughts please. Ps. I am one of the many people that are unemployed and they are treatening me with a $10 per day fine, which I cannot afford. I could really use some help here. Thank you for your time and consideration.


Asked on 11/21/08, 10:45 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Home owners association regualtions

By waiting two years, they haven't waived the right to force you to conform to the rules. You'll have change your driveway color.

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Answered on 11/22/08, 11:26 am


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