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DonS20 (Florida)
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.
KerryL1 (California)
Posts: 14,550
Posted:
What is the name of the governing document that has the 17 prohibited use items. Are there any that deal with front yards? Does the HOA, or do Owners, take care of their front yards?

Base on your nuisance claus, I'd say the lights around the tree are a violation of whatever doc this is from. Is this a condo HOA? Or detached homes?

KerryL1 (California)
Posts: 14,550
Posted:
What is the name of the governing document that has the 17 prohibited use items. Are there any that deal with front yards? Does the HOA, or do Owners, take care of their front yards?

Based on your nuisance clause, I'd say the lights around the tree are a violation of whatever doc this is from. Is this a condo HOA? Or detached homes?

SheliaH (Indiana)
Posts: 6,964
Posted:
Based on what you've posted, I guess my first question is whether this homeowner's stuff would be considered a nuisance. If the lights shine into the neighbors' windows, that could be a nuisance (not to mention tacky as hell), so I wouldn't allow it. Are these lights or the holiday decorations among the 17 items that are prohibited? What exactly does that section say?

When the board grants variances to anything, I would think safety and the livability of the home would take precedence. For example, I can see granting a variance to install a wheelchair ramp if a homeowner's family member needed it. This, however, seems more of a nuisance (the lights around the tree that shines into the neighbor's house). As for the holiday decorations, that sounds tacky as hell - why, pray would anyone want Christmas lights in July????

It reminds me a bit of a house that I pass on my way to work if I take a certain route. It's not in an HOA, but these folks have all manner of blow-up stuffed animals in the front yard. The first time they appeared was for Halloween, then a few more showed up a Christmas and now the things sit in the yard year round. I guess the neighbors are cool with it.....

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SteveH35 (Washington)
Posts: 339
Posted:
Quote:
Posted By DonS20 on 06/03/2022 1:27 PM

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.

Don,

Don't be fooled! Unless acting based on specific authority granted by your declaration / CC&Rs or by the Fair Housing Act, your Board likely has no authority to grant a "proactive variance" to a written restriction in your governing documents.

Regards,
Steve

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