Legal Question in Real Estate Law in Florida

If the restrictive covenants/equitable servitudes require all occupants to be 55 or older, or if the association has selectively enforced those covenants, you may have a legal recourse. In a case I litigated for homeowners, a court ruled a POA was not authorized to amend covenants so the amendment (creating an over-55 community under the Housing for Older Persons Act) was void from the start. If the community was falsely advertised as HOPA, then you may have legal recourse. If the community was properly created under HOPA, then you may also have legal recourse, but it depends on the language of your Declaration in conjunction with federal and Florida statutes. HOPA does not require all occupants be fifty-five or older (see 80/20 rule), but the covenants may be stricter.