Statute vs Covenant

Started by ArtB1 • 6 replies • 460 views

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ArtB1 (Florida)
Posts: 97

Posted:

We live in a weirdly set up community.

All single family homes and we already have 3 separate HOAs.

Plus one area is public roads and the other is private roads. We are not sure on the third yet because still under development.

This question will be specific to the HOA with public (city owned) roads. The city just formally took ownership in 2020 although it could be argued that the city took ownership 10 years ago.

By statute the city has declared that golf carts are allowed and named the subdivision. However the covenants state that golf carts are not allowed.

Which takes precedent - statute or covenants?

There are a few curmudgeons who push their own agenda and do not want gold carts to be allowed. They are not on the board.

TIA

SheliaH (Indiana)
Posts: 6,964

Posted:

City codes (or statutes) usually supersede CCRs, although some states (or counties or cities) have language stating the CCRs rule if they're stricter than the code. So, you have more reading to do. And since you mentioned the city now owns the streets, did you check if that statute says golf carts are allowed, but can't be driven on city streets? If that's the case, keep your golf cart on designated roads!

By the way, it's ok for people not to want golf carts in your community, even though you clearly disagree. It doesn't matter that they aren't on the board either, because covenants can't be changed by the board on its own - a certain percentage of homeowners have to agree (read your documents - the ones that run the community -to see what they say). If these folks decide to push for a clarification of the CCRs to ban golf carts altogether, you and like-minded neighbors will have to counter with the advantages and let the rest of your neighbors decide.

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

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By SheliaH on 11/03/2021 1:59 PM
City codes (or statutes) usually supersede CCRs, although some states (or counties or cities) have language stating the CCRs rule if they're stricter than the code. So, you have more reading to do. And since you mentioned the city now owns the streets, did you check if that statute says golf carts are allowed, but can't be driven on city streets? If that's the case, keep your golf cart on designated roads!

By the way, it's ok for people not to want golf carts in your community, even though you clearly disagree. It doesn't matter that they aren't on the board either, because covenants can't be changed by the board on its own - a certain percentage of homeowners have to agree (read your documents - the ones that run the community -to see what they say). If these folks decide to push for a clarification of the CCRs to ban golf carts altogether, you and like-minded neighbors will have to counter with the advantages and let the rest of your neighbors decide.

Well said especially that city code/statues supersede Covenants.

BenA2 (Texas)
Posts: 1,273

Posted:

Laws take precedent over covenants but only if there is a conflict between the two. If your covenants say golf carts are not allowed that would not conflict with a law that says that they are allowed because you are not breaking the law by obeying the covenant. It would be different if the law said that the HOA could not have a covenant restricting golf cart use. That would invalidate the covenant.

The real question here is can your covenant control what people can do on a public street in the neighborhood. That seems to vary depending on the state you live in (based on what I have read on this forum).

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By BenA2 on 11/03/2021 2:27 PM
The real question here is can your covenant control what people can do on a public street in the neighborhood. That seems to vary depending on the state you live in (based on what I have read on this forum).

I agree. Some states allow HOAs to have some control over public streets. Some do not.

All the signs are that Florida's court system has not seen a case that settles the issue over whether a HOA's covenants can restrict how public roads, within the HOA's boundaries but still public, are used et cetera.

Your HOA's covenants say no golf carts are allowed on public streets within the HOA. What happens if the HOA tries to enforce this?

An owner could sue. Then both sides (HOA and owner) get to roll the dice on the court's decision and spend a fortune on attorneys ever-determined to find the perfect existential argument in a nihilistic effort that typically leads to a pyrrhic loss by both sides when it comes to what each side gets for its money. (They each get darn little for the money.) Or more accurately, the attorneys are ever-determined to pick their noses and charge a lot of money for it. It beats working for a living.

Or, once suit is threatened, the HOA could cave and (1) spare all owners massive expense; and (2) do what I understand the Florida statute on low speed vehicles is intended in part to do: Cut down on emissions and slow the climate change that is killing us all.

The OP's Board ought to grow a pair; read Gore's book; and say it refuses to enforce the prohibition on golf carts, all for the children, grand children, and great grandchildren. Anyone who disagrees is an unvaccinated, non-mask wearing beast.

DouglasK1 (Florida)
Posts: 2,046

Posted:

What if a non-HOA member were to drive a golf cart on the public roads. My understanding is that the HOA would have no authority over a non member on public roads.

Escaped former treasurer and director of a self managed association.

ArtB1 (Florida)
Posts: 97

Posted:

"Your HOA's covenants say no golf carts are allowed on public streets within the HOA. What happens if the HOA tries to enforce this?
"

They start fining for the violation

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