Changes to FL 720

ArtB1 (Florida)
Posts: 97

Posted:

I had a property manager (not ours) tell me that the HOA can no longer enter the back yards of property owners.

I saw a change to FL 720 that as long as not visible from the street or adjoining yards, owns can do as they please.

Thoughts on this?

Does anyone have any cheat sheets on changes to 720?

TIA

SheliaH (Indiana)
Posts: 6,964

Posted:

Google is your friend - start with this and look around for the information:

https://www.flsenate.gov/Laws/Statutes/2022/Chapter720/Part_I

I believe someone else also talked about this backyard stuff in another conversation recently, so you could try the search function on this website as well

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

SheliaH (Indiana)
Posts: 6,964

Posted:

Yup, I was right - here's the recent conversation:

https://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/351690/view/topic/Default.aspx

Read this and then make your own comments - that's how good conversations start

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

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By ArtB1 on 07/06/2023 8:43 AM
I had a property manager (not ours) tell me that the HOA can no longer enter the back yards of property owners.

I saw a change to FL 720 that as long as not visible from the street or adjoining yards, owns can do as they please. ...

Does anyone have any cheat sheets on changes to 720?

See https://casetext.com/statute/florida-statutes/title-xl-real-and-personal-property/chapter-720-homeowners-associations/part-i-general-provisions/section-7203045-installation-display-and-storage-of-items. The latter went into effect on July 1.

ArtB1 (Florida)
Posts: 97

Posted:

Thanks for those links

Doesn't really address accessing a back yard. Our lots are close to each other and if you own a 2 story and are looking next to your lot, anything can be seen.

So the question for me now is this - Our HOA requires garbage cans to be stored inside.

If they are not visible from the street or adjacent lots, would a home owner be allowed to store them outside under the new language?

TIA

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By ArtB1 on 07/06/2023 12:52 PM
So the question for me now is this - Our HOA requires garbage cans to be stored inside.

If they are not visible from the street or adjacent lots, would a home owner be allowed to store them outside under the new language?

The new statute section says "yup."

I assume you just wanted some reinforcement as you take up this issue with the HOA.

As for the HOA accessing backyards, that's a tricky subject. Yes, the covenants often give the HOA a right of entry to correct a violation of covenants. And yet attorneys seem to advise proceeding with great care. For example, see the chatter here: https://luxurypropertycare.com/hoa-community-trespassing/

You should give the specifics at this point. Else the responses are going to be conditional and of little use.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By ArtB1 on 07/06/2023 12:52 PM
Thanks for those links

Doesn't really address accessing a back yard. Our lots are close to each other and if you own a 2 story and are looking next to your lot, anything can be seen.

So the question for me now is this - Our HOA requires garbage cans to be stored inside.

If they are not visible from the street or adjacent lots, would a home owner be allowed to store them outside under the new language?

TIA

Art

Anything can be seen in a backyard if you get up high enough. Let us assume it means from the street level but who knows.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Quote:

Posted By ArtB1 on 07/06/2023 12:52 PM
Thanks for those links

Doesn't really address accessing a back yard. Our lots are close to each other and if you own a 2 story and are looking next to your lot, anything can be seen.

So the question for me now is this - Our HOA requires garbage cans to be stored inside.

If they are not visible from the street or adjacent lots, would a home owner be allowed to store them outside under the new language?

TIA

well sadly like most states florida has no law that actually hold HOA BOD accountable. So even if the law says you can, if your HOA board says you can't and starts fining you, then your only option is to go to court.

Just ask the HOA BOD and point to this new law and see what they say would be the first step.

when my sister wanted to install solar panels on her home in Florida, the BOD told her no, even after we pointed out the FL law allowing it. In the end we put a ground based system with a 6 ' tall privacy fence in her back yard.

vis ta vie

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By WendyM5 on 07/07/2023 4:28 AM

well sadly like most states florida has no law that actually hold HOA BOD accountable.

Wrong. See FS 718 and FS 720 for ways owners can hold boards accountable without going to court.

SheliaH (Indiana)
Posts: 6,964

Posted:

Quote:

Posted By ArtB1 on 07/06/2023 12:52 PM
Thanks for those links

Doesn't really address accessing a back yard. Our lots are close to each other and if you own a 2 story and are looking next to your lot, anything can be seen.

So the question for me now is this - Our HOA requires garbage cans to be stored inside.

If they are not visible from the street or adjacent lots, would a home owner be allowed to store them outside under the new language?

TIA

Personally, I'd rather not see it - too many people let their garbage cans overflow with all kinds are crap, and considering how many critters are in the Sunshine State that can hurt and even eat people if they catch a whiff of whatever's in them and go check it out, why would you even want to keep it outside? If you do, I hope you're considerate enough to make sure critters can't get in it (there are straps you can buy on Amazon and they're probably in your local hardware store). Along with insecticide and perhaps some garbage can deodorant (yes, that's a thing).

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:

Art

Here we are with the old situation that ones Declarations/Bylaws can be stricter then the law. If yours' call for Garbage cans to be stored inside then that is the answer.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By JohnC46 on 07/07/2023 10:29 AM
Here we are with the old situation that ones Declarations/Bylaws can be stricter than the law

... IMO unless the law says otherwise. The new statute section says:

"Regardless of any covenants, restrictions, bylaws, rules, or requirements of an association, and unless prohibited by general law or local ordinance, an association may not restrict parcel owners or their tenants from installing, displaying, or storing any items on a parcel which are not visible from the parcel's frontage or an adjacent parcel, including, but not limited to, artificial turf, boats, flags, and recreational vehicles."

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By ElleN on 07/07/2023 10:34 AM

Posted By JohnC46 on 07/07/2023 10:29 AM
Here we are with the old situation that ones Declarations/Bylaws can be stricter than the law

... IMO unless the law says otherwise. The new statute section says:

"Regardless of any covenants, restrictions, bylaws, rules, or requirements of an association, and unless prohibited by general law or local ordinance, an association may not restrict parcel owners or their tenants from installing, displaying, or storing any items on a parcel which are not visible from the parcel's frontage or an adjacent parcel, including, but not limited to, artificial turf, boats, flags, and recreational vehicles."

My bad for not reading close enough. The statue rules.