Florida  |  Real Estate Law

Legal Question

Asked on: 2/09/08, 8:24 pm

Selective Enforcement of Deed Restriction

My HOA has a deed restriction from 1969 that limits trucks and vans to 1/2-ton rated capacity or less. This restriction has been enforced in the past. An owner (who had to sell his 3/4-ton truck when he moved in) recently complained to the HOA that there are 7 violators of this restriction, including a Board member. Rather than enforcing the restriction, the HOA passed a corporate resolution grandfathering the 7 violators and claiming they will prospectively enforce the restriction in future.

Has my HOA just waived/acquiesced their future rights to enforce this restriction? Is my HOA opening us up to a lawsuit for selective enforcement if they try to enforce it in the future? Is the only way to compel them to enforce the restriction (or amend the deed) by taking them to mediation (possibly followed by arbitration)?

Thanks in advance.

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