Legal Question in Real Estate Law in Florida

Hello, I was hoping that you could offer us some guidance. My husband and I recently purchased a home and are wanting to get a fence put up. We followed the guidelines our HOA gave us, and we were approved to put up a fence. At the meeting for this our neighbors objected to it because the guy that maintains their pool would not be able to fit his cart through to clean it. The HOA saw it as something that was not our issue seeing as they should not be using our property for their pool maintenance. Our neighbors were pretty upset and eluded to a law suit or some kind of legal action. I just wanted to ask if legally with this kind of situation if we are not over stepping our property line, and are following the HOA covenants if their inability to get their pool cleaned is something they can pin on us when the time comes? My husband is disabled and we need this fence so that he can easily let our dogs out when I am away at work, it's disappointing that we have to worry about it after finally getting approved with the HOA.


Asked on 7/26/16, 1:54 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Sounds like your neighbor needs to get a pool cleaner who has a smaller cart or they transport the items that don't fit through the opening individually. As long as you followed the rules, the size of the cart is not a basis for them to sue. If there is more to the story than this, than the opinion may change. why not sit down with your neighbor and figure out the specifics. You can do on your property what you want and they are not entitled to trespass on your property to get their pool cleaned.

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Answered on 7/28/16, 11:05 am


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