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RichardC29 (Florida)
Posts: 37
Posted:
What does more restricted covenants really mean.if the fl.deo states no more restrictive covenants.what are they speaking of.
If the covenants expired in say 2009 would any new covenants recorded after that date and are more restrictive mean more restrictive?
CathyA3 (Ohio)
Posts: 6,299
Posted:
You're asking a legal question since "more restrictive" may not have a precise definition. It's often a lot easier to tell one-by-one if a particular covenant is or is not more restriction than another particular covenant. In other words, you may know it when you see it, and courts argue over this stuff all the time.

As far as expired covenants go, my non-lawyer opinion is that you can't just toss out a set of covenants that were in effect when a number of homeowners bought their homes and formed part of the contracts on those homes. On the other hand, expired means that they can no longer be enforced, and enforcement is an important factor for any covenants.

See a knowledgeable lawyer, in other words. :-)
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By CathyA3 on 06/11/2023 5:14 AM
You're asking a legal question since "more restrictive" may not have a precise definition. It's often a lot easier to tell one-by-one if a particular covenant is or is not more restriction than another particular covenant. In other words, you may know it when you see it, and courts argue over this stuff all the time.



Restrictive

Lord save us all from auto-correct...
RichardC29 (Florida)
Posts: 37
Posted:
Thanks but what I’m asking is in the revitilization requirements it requires no more restrictive covenants can be revitalized .if the covenants expired and new more restrictive covenants was added is that more restrictive?
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Edited by ElleN on 06/11/2023 5:45 AM
If the covenants expired and new more restrictive covenants were added, is this more restrictive?
The issue is not whether you think the proposed, new covenants are more restrictive. The issue is whether (1) the Florida Department of Economic Opportunity (DEO) thinks they are and then, (2) if push comes to shove and this lands in court, a judge agrees with the DEO or with you.

If you quote the old covenant and the new, proposed covenant, this would yield answers here that might be more helpful (as you consider preparing to meet with an attorney to challenge the DEO's decision).
RichardC29 (Florida)
Posts: 37
Posted:
Old covenant no wording of boat size new covenant states max allowed boat size ,that’s more restrictive.its not just that the whole appeal process is compromised.the lawyer was exempt he picked up the phone 25 days later and the deo reversed the initial decision on the lawyers word.
The whole dully meeting thing was removed with a disclaimer if you sign this you waived you right to the meeting.what about the ones who said no.we have a right under the rule of law to that meeting.
RichardC29 (Florida)
Posts: 37
Posted:
Old covenant no wording of boat size new covenant states max allowed boat size ,that’s more restrictive.its not just that the whole appeal process is compromised.the lawyer was exempt he picked up the phone 25 days later and the deo reversed the initial decision on the lawyers word.
The whole dully meeting thing was removed with a disclaimer if you sign this you waived you right to the meeting.what about the ones who said no.we have a right under the rule of law to that meeting.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By RichardC29 on 06/11/2023 5:13 PM
Old covenant no wording of boat size new covenant states max allowed boat size ,that’s more restrictive.
I agree.

Unfortunately you in particular will need to lawyer up a.s.a.p. to stop the new covenants from being enforced. It does not matter that the new covenants are "recorded" with the county at this time. The question is whether a court would enforce them.

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