Legal Question in Real Estate Law in Florida

Florida HOA question. Our Declaration of Restrictions and Covenants has a section called “PROHIBITED USES”. #1/One section states, restricts items like garbage cans, bicycles. etc. PLUS “other personal property”. It say, “shall be kept/stored in an area not visible from the street view”. #2/Another section states “no nuisance or source of annoyance to other home owners shall be allowed”. Question - can a Board override either of these two sections or any of the other prohibited use sections? We have a homeowner who wants permission to display holiday paraphernalia during the year. He also has wrapped three thirty-foot palm trees with LED lights. They shine into my kitchen windows and on to my front patio. Very much a nuisance.

Asked on 6/13/22, 12:49 pm

1 Answer from Attorneys

David Slater David P. Slater, Esq.

If you can prove a nuisance, it should not be permitted.

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Answered on 6/13/22, 1:41 pm

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