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720.3045, Florida Statutes

Started by MariaO1 • 4 replies • 395 views

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MariaO1 (Florida)
Posts: 8
Posted:
https://www.floridacondohoalawblog.com/2023/11/29/the-effect-of-section-720-3045-florida-statute-on-homeowner-association/

Does this mean these items can be in backyard BUT they can't be seen from a neighbors line of sight? like an RV that is taller than a 6 ft fence, or a shed peak higher than 6ft? What about neighbors that do not have a fence?

Or does this mean that we can now store these items and its ok as long as it is full yin backyard?
LoriM15 (Florida)
Posts: 1,009
Posted:
The most common interpretation of this very stupid rule (that they cobbled together with the statute that allows artificial turf on more flags on certain holidays) is that the item in the backyard cannot be visible from the street or an adjacent lot. So if your next door neighbor can see it, then you cannot have it if your governing documents prohibit it. It doesn't matter if you have a fence or not, if it can be seen over the fence or from the second story of your neighbor's house you can't have it. However, it doesn't apply to sight linesacross a lake or field.

So if you lived on a large lot and you had a shed right next to your house and it wasn't visible, this statute allows you to have it even if the governing documents say no.

As far as I know, there is no case law on this. And I had heard that there was possibly some legislation from the 2024 session that was going to correct this.
MariaO1 (Florida)
Posts: 8
Posted:
What are they intending to correct?
MariaO1 (Florida)
Posts: 8
Posted:
What are they intending to correct?
NormanK2 (Florida)
Posts: 39
Posted:
Our HOA won't allow a fence and we own our Properties here so having anything in back of our home is not allowed because without a fence everything is Visible to our Neighbors.

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