Legal Question in Real Estate Law in Florida
P.U.D. Bylaws, and enforcement:
My development after 6 1/2 years, is now trying to enforce bylaws. They are only enforcing a certain ones pertaining to a pets weight. The first tenant the informed, has been a resident for 7 1/2 years. The management is sending letters forcing them to give away their pet, and they are threating to send on to me as well. Is there any policy or statute on grandfathering residents after time in the development?? We are both owners of townhouses in this development.
1 Answer from Attorneys
Re: P.U.D. Bylaws, and enforcement:
FACTS: After 6.5 years as owner of townhouse in development, Bd. of HOA is now trying to enforce bylaws pertaining to a pet's weight. First person informed has been a owner for 7.5 years. Management is sending letters trying to force them to give away their pet. They are threating me as well.
Q. Is there any policy or statute on grandfathering residents after time in a development?
A. The Board must not act arbitrarily or capriciously. The law favors the full use and enjoyment of one's home [quiet and peaceful use and enjoyment] and disfavors useless restrictions and especially ones that have not been used in years and not enforced uniformily. You may have to go to court to enforce your rights but if you prevail, you should be able to recover your attorney fees and court costs. If the two of you join forces, the expense should be less for each of you.
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