DonS20 (Florida)
Posts: 11
Posts: 11
Posted:
Our Florida HOA docs have a prohibited use section that contains 17 items. Can the Board grant/override something that is prohibited?
One prohibited use item says -...other personal property shall be kept, stored and placed in an area not visible from outside the dwelling.
The other item says - No nuisance shall be allowed upon any Unit or any use or practice that is a source of annoyance to other Unit Owners or interfere with the peaceful possession and proper use of the Units by the residents thereof.
A new homeowner has requested to place holiday items (for a variety of holidays) in their front yard. This homeowner has requested that he "dress" up his front yard with holiday paraphernalia. The question is can the Board override the prohibited clause(s) by granting a request to have personal (holiday) items in their front yard. Plus they have also wrapped LED lights around 3 trees that shine into the neighbors windows and on to a patio.
I realize that the Board can create rules that govern the common areas. The HOA can also dictate some limited things concerning homeowner lots. Like the paint color of the home, type of landscape material, changes to the home external structure (add or delete a window), etc.