Updating Deed restrictions Florida

Started by LindaC3 • 5 replies • 2076 views

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LindaC3 (Florida)
Posts: 526

Posted:

Good eve group- Looking for some insight as to when the deed restriction commitee gets ready to give us copies of the deed restrictions that need to be filed by Nov 2008 (10 yr renewal) is the commitee allowed by Florida Law to make the deed restictions more stringent than what they were when we purchased our home ? Second question- Is the board allowed to adopt and or pass a rule more restictive governing use of the property if that particular NEW RULE is allowed by deed restrictions ..Thanking you in advance Diva in Okeechobee Florida

RogerB (Colorado)
Posts: 5,067

Posted:

Linda, I presume by deed restrictions you are referring to the Declaration. If it needs to be renewed every 10 years I would presume any amendments (revisions) would need to be approved by a percentage of the owners. Your Declaration should address this.

Adopting Rules and Regulations is probably addressed in your Declaration. A duly called meeting of the Board, or of the members, usually allows approval of R&Rs. The Rule can be more restrictive than the Declaration but should not conflict with it.

LindaC3 (Florida)
Posts: 526

Posted:

Thanks for the reply-but the only procedure for enforcement of the declarations of restrictions is reasonable rules concerning use of COMMON AREA- not individual lots.We have a seperate book of RULES not recorded in county records and they are trying to adopt a RULE more restrictive than the Dec and in definite conflict...I find nothing about the members voting on accepting the RULES ....But my main issue is one of that when they rewrite the DECLARATION can they make them MORE restrictive than they are now and when I purchsed the property.Sone of the things they want to change I would NEVER have bought a home here..if ya know what I mean..Thanks again for all your help Linda P

LindaC3 (Florida)
Posts: 526

Posted:

Posted By RogerB on 10/12/2006 8:33 AM

Linda, I presume by deed restrictions you are referring to the Declaration. If it needs to be renewed every 10 years I would presume any amendments (revisions) would need to be approved by a percentage of the owners. Your Declaration should address this.

Adopting Rules and Regulations is probably addressed in your Declaration. A duly called meeting of the Board, or of the members, usually allows approval of R&Rs. The Rule can be more restrictive than the Declaration but should not conflict with it.

Roger B--- With regards to your last sentence.."The Rule can be more restrictive......My question is-
If our Deed Restrictions state than an RV may not be stored on a lot - Can the Board adopt a RULE letting them be stored "temporarily" ? In other words- can a rule be less restrictive than the Deed Restrictions? Thanks Bunches Linda C

RogerB (Colorado)
Posts: 5,067

Posted:

Posted By LindaC3 on 12/17/2006 11:07 AM
Roger B--- With regards to your last sentence.."The Rule can be more restrictive......My question is-
If our Deed Restrictions state than an RV may not be stored on a lot - Can the Board adopt a RULE letting them be stored "temporarily" ? In other words- can a rule be less restrictive than the Deed Restrictions? Thanks Bunches Linda C

They can, but they may not. IOW that is a no no and they should know better.

KennyD1 (Texas)
Posts: 51

Posted:

I want more restriction. I was to prevent people in my neighborhood to stop "lawn parking" We have about 4 homes where the residents park their vehicles on thier lawns and it makes that nieborhood look crappy. So this coming January we are filing with the City of Austin Code Enforcement to stop the lawn parking. So i'm a true believer that you need to update your bylaws. New issues araise everytime that was never caught before. If you disagree with something that they (the board members) want to add to the books, you'll have to talk with them and try to come to a middle agreement. Speak at your annual meeting about the issue, see if a comminuty vote would be accepted in this issue.

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