city vs HOS rules

Started by ArtB1 • 11 replies • 746 views

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ArtB1 (Florida)
Posts: 98

Posted:

Asking for a friend......

Our community covenants prohibit golf carts.

City ordinance allows golf carts on sidewalks.

Can an HOA Covenant be more restrictive than a city ordinance?

BTW, this is in Florida.

Thanks

ArtB1 (Florida)
Posts: 98

Posted:

sorry - typo

HOA not HOS

TimB4 (Tennessee)
Posts: 21,073

Posted:

Quote:

Posted By ArtB1 on 07/30/2020 7:30 PM

Can an HOA Covenant be more restrictive than a city ordinance?

Typically, Yes.

In the case you described - Yes.

What may change or limit the HOA's ability would be if the developments sidewalks/streets public or private.

If public, then the rule would still apply to all members, their families and guests but not to jane/joe citizen passing through (not a guest of any member/resident).

GeorgeS21 (Florida)
Posts: 3,808

Posted:

That is the very point wrt HOAs - they are intended to be more restrictive than the surrounding municipal, county, or state entities.

Several questions re your post - mainly confusion re HOA general prohibition, and city all i ability on sidewalks.

Here’s a quick summary of different types of vehicles? https://www.flhsmv.gov/pdf/mv/lowspeedvehicles.pdf

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Art

I am confused as to what the issue is. Is it golf carts on sidewalks or golf carts allowed?

My initial blush is unless your streets are private, you cannot ban golf carts from the streets assuming the carts are FL legal for such use. Private streets or not, I believe the association could ban them from traveling on sidewalks.

DouglasK1 (Florida)
Posts: 2,047

Posted:

Quote:

Posted By JohnC46 on 07/31/2020 10:21 AM
Art

I am confused as to what the issue is. Is it golf carts on sidewalks or golf carts allowed?

My initial blush is unless your streets are private, you cannot ban golf carts from the streets assuming the carts are FL legal for such use. Private streets or not, I believe the association could ban them from traveling on sidewalks.

My understanding is that golf carts are not allowed on public roads in general in Florida, but local municipalities can pass laws allowing them.

Escaped former treasurer and director of a self managed association.

ArtB1 (Florida)
Posts: 98

Posted:

Our Covenants prohibit them and we are on private roads.

SheliaH (Indiana)
Posts: 6,973

Posted:

Well, then that's your answer: the CCRs can be more restrictive than city code, your CCRs say no golf carts and the Association owns the roads. This sounds like you're trying to say something like "but I'm not going to drive it on the street, I'll use the sidewalk and the city says that's fine so..." Maybe it's me, but I would think sidewalks are for walking, and using a golf cart isn't the same as riding in a scooter designed for disabled people or a power wheelchair.

Covenants can be changed if enough homeowners vote for it, so talk to the board or, better yet, your neighbors. If you find enough that feel the same way, all of you can attend the next board meeting and suggest this be put to all the homeowners for a vote (check your documents to see how it's done).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Douglas,

See this, please ... https://www.flhsmv.gov/safety-center/consumer-education/low-speed-vehicles/

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By ArtB1 on 07/31/2020 11:39 AM
Our Covenants prohibit them and we are on private roads.

Then this is the answer.

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