Legal Question in Real Estate Law in Florida

homeowner's association

We bought our house about 8 months ago, & love it. We moved our boat into our drive to have easy access to it, seeing how we go out every weekend. I have noticed that many others in the neighborhood also have boats in their drive. It has been in the drive since April-ish with no incident. However, we have recently received a 2nd notice from our HOA(we never received a first notice) stating that we are in violation of the HOA provisions because we have a boat on trailer in our driveway. I looked up the Article they referred and this is what is says: Section 10. Vehicles. No trailer, utility trailer, house trailer, bus or truck over one-half (1/2) ton capacity shall be parked or maintained on said property or any portion thereof.

To me this makes it seem that it is perfectly fine for a boat on trailer under 1/2 ton to be on property. Not to mention, it doesn't specify boat trailer. Are they correct? Do we have to move our boat to storage? Or can we challenge the covenants on this issue? Thanks a bunch!


Asked on 8/15/07, 5:28 pm

2 Answers from Attorneys
Philip Friedman Bonifield, Friedman & Leifer, P.A.

Re: homeowner's association

Before you go against the HOA, please also look at any municipal ordinances. Generally, boats, RV's, etc... are not allowed to be parked in a driveway.

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Answered on 8/15/07, 5:50 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: homeowner's association

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A Homeowner's Association has the right to make reasonable rules and regulations which should have been provided to you by your seller. Your attorney or closing agent should have discussed the same with you as well as your real estate agent. The rules and regulations are fully enforceable by the Association. If you do not comply, you may face serious legal action as a result of non compliance.

Scott R. Jay, Esq.

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Answered on 8/16/07, 2:15 am


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