Ignoring deed restrictions - nuisance?

Started by SusanB26 • 5 replies • 1715 views

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SusanB26 (Florida)
Posts: 12

Posted:

Our Florida HOA deed restrictions state that garbage cans must be stored out of sight. Our property manager has cited homeowners who ignore this requirement with limited compliance. In one instance, a continued violation was referred to the attorney and for awhile the garbage cans were stored in their garage but no longer.

The homeowner has also installed playground equipment that doesn't meet our architectural guidelines and recently put in curbing without seeking approval from the Board.

Is there is a point where this homeowner could be considered a nuisance?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Susan,

It doesn't matter if you consider the homeowner a nuisance or a fantastic individual.

Treat each violation as you would treat any other violation with any other homeowner.

No more, no less.

KevinK7 (Florida)
Posts: 1,343

Posted:

What exactly is the phrasing in your documents regarding things like playground or curbings? Maybe there can be a different interpretation to be made (but most likely this homeowner never read the C&Rs)

FredS7 (Arizona)
Posts: 927

Posted:

The deed restrictions INCLUDE the right of neighbors to peaceful enjoyment (the absence of nuisances). IN ADDITION there are other rules and restrictions. Those do not need to be justified as nuisance-fighting- they might be intended to require uniformity and a particular view of aesthetics.

As noted many times, if someone doesn't like these rules, or you find them silly or annoying- one solution is to move on down the road.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Seems like the word "nuisance" muddies the waters here--it doesn't fit into the problem, Susan

Either the person is violating your documents or not, Susan, as Tim also observes. If in violation, do whatever your Board is permitted to do per your docs and per FL laws to bring them into compliance.

But do make sure, per Kevin, that these really are violations.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Seems like the word "nuisance" muddies the waters here--it doesn't fit the problem, Susan

Either the person is violating your documents or not, as Tim observes. If in violation, do whatever your Board is permitted to do per your docs and per FL laws to bring them into compliance. If you need to engage your attorney again, I guess your Board would decide that. Are you on the board, Susan?

But do make sure, per Kevin, that these really are violations.

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