Legal Question in Real Estate Law in Florida

can I take a neighbor to court to enforce the covenants that they are breaking if the homeowner's association won't? also can I sue in small claims my neighbor for constant harassment? thanks so much.


Asked on 12/09/09, 4:55 pm

2 Answers from Attorneys

Kellen Bryant Law Office of R. Kellen Bryant, P.L.

Yes, you can sue your neighbor if your homeowner's association does not.

You might be able to take your neighbor to small claims depending on the relative value of the rule that is broken. For example, you can probably go to small claims if your neighbor has a red garage door when the covenants say garage doors must be blue. Alternatively, if your neighbor built a large playground in his back yard and you want it removed, then you will have to go to circuit court.

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Answered on 12/14/09, 5:43 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

yes, if the HOA does not. Not enough facts to know if you can sue for harrassment.

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Answered on 12/14/09, 7:06 pm


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