protective coventans

Started by JosephB11 • 7 replies • 1397 views

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JosephB11 (Florida)
Posts: 2

Posted:

I have lived in Snug Harbor Village Fl. for 31 years,our protective covenants state that u can have 2 cats & 2 dogs all pets shall be on a leash and all
dumps picked up. My cats have all ways been let out with out the leash in all my years here, there never has been any complaint until now. the president
of the H.O.A. some years a go would let his cat roam at will as did others. the developer never complaint about this at all
My question is does this put some one like my self in the grandfather law being that the rule was never enforced.

Thank You

Joseph Buckberrough

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

My question is does this put some one like my self in the grandfather law being that the rule was never enforced.

No, now that it is known, it can be enforced.

GwenG (Florida)
Posts: 669

Posted:

There is no grandfathering because this is not a "property right" that is being taken away. It is just a rule that qualifies the protective covenant--(which IS your property right).

If the Association has been ignoring it for a long time, they have effectively waived the rule and will have a hard time with enforcement. If they want to start enforcement, they must put members on notice, in writing, of their intent to begin to enforce so that owners can have time to make arrangements comply i.e. buy a harnass and leash!

Members have the right to change the rule, void it or adopt a brand new one.

JosephB11 (Florida)
Posts: 2

Posted:

GwenG

Thank you for getting back to me can you give me the sunshine # or statue # on the waived rule as stated above.

Again Thank you

JosephB11

PeterD3 (Florida)
Posts: 708

Posted:

Quote:

Posted By JosephB11 on 03/27/2014 3:12 PM
GwenG

Thank you for getting back to me can you give me the sunshine # or statue # on the waived rule as stated above.

Again Thank you

JosephB11

The wiaving of an enforceable action is not a sunshine# (?), a statute#, a law, an ordinance, etc.

It is a legal defense when successfully obtained that is similar in effect as a 'statute of limitations'.

Consult your legal councel or conduct a web search for more information.

GlenL (Ohio)
Posts: 5,491

Posted:

For pity Pete's sake, instead of trying to make a Federal case out of it, put your freakin' cats on a leash like you voluntarily agreed to when you purchased your home. Just because everyone is speeding down the road, doesn't mean the police won't stop YOU and write you a ticket. It's possible that the Board just figured out whose cats they were, probably after receiving complaints from your neighbors about cats crapping in their flowers. Be a good neighbor and follow the CC&R's that you agreed to when you moved in, besides dollars to donuts, I'll bet it is also a city or county ordnance.

Studies show that 5 out of 4 people have problems with fractions

GlenL (Ohio)
Posts: 5,491

Posted:

What did one alligator say to the other? "You know cat does taste just like chicken."

Studies show that 5 out of 4 people have problems with fractions

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By GlenL on 03/27/2014 10:33 PM
What did one alligator say to the other? "You know cat does taste just like chicken."

Love a good laugh!!! Glen ... you can come up with some good ones.

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