Legal Question in Real Estate Law in Florida
I live in Florida, in a subdivison with a HOme Owner Association.. My neighbor has moved out of there home and has given me verbal permission to park my car in her driveway.
Than i received a note from associaiton that its illegal to park at a vacation house??? My question is it illegal? and if i have owners permission wouldnt that be ok???
2 Answers from Attorneys
Since I am not familiar with this Association, it is difficult to answer. The best I can offer is to inquire from the HOA to provide the exact language in the restrictions that shows the prohibition.
I have never heard of a HOA that has a definition of a vacation house with special conditions.
A: Without a review of the Restrictive Covenants for your particular subdivision this is a difficult question to answer. To say it is illegal is a stretch. It may however, be a violation of the Covenants and Restrictions. Several questions come to mind;
1. Did your neighbor own the property or was the neighbor a renter?
2. If the neighbor was a fee owner, was the permission granted in a writing (such as a letter or a note?)
3. Without reviewing the Declaration, how is it that the association came to classify this home as a �vacation home?�
4. What is the type of vehicle being parked there? Many HoA�s have restrictions on certain types of vehicles.