Legal Question in Real Estate Law in Florida
We are a homeowner on a lake in a Homeowners Association community. We got approval to put a fence in the back yard from the Architectural Review Committee part of which extends into a maintenance easement. The HOA wants us to sign an agreement that we will pull the fence when we move. That is OK! But they want the agreement recorded and in it there is a paragraph creating a covenant running with the land that says:
"This Agreement may be recorded in the Public Land Records of Martin County, Florida and shall constitute a covenant running with the land as to the above-described property. The Agreement to permit a fence within the easement area as described above is expressly limited to the undersigned Owners and does not extend to any subsequent purchasers of the property. The recording of this Agreement, and its existence as a covenant running with the land, does not in any way grant any rights to any subsequent purchaser, and all subsequent purchasers are expressly prohibited from placing, constructing or maintaining a fence within the easement area as described above."
What I need to know is: If it should come to pass that the lake gets alligators for instance and the HOA decides it is OK to fence in your yard, would this covenant stop a future purchaser from being able to erect a fence that would be be allowed all other homeowners on the lake simply because of the recorded covenant running with the land on this individual parcel?
Thank You,
Larry Jawitz
E-mail: [email protected]
Tel: 772-546-5094
2 Answers from Attorneys
Yes. Unless the association changes it. Then they would have to record something to modify this covenant.
Since it refers to "this agreement" I doubt it would affect any other changes.
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