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HOA wants me to remove flower planters (Real Estate & Property Law)

Sat, 16 Apr 2005 18:46:00 GMT

What is the name of your state? Florida
My HOA (their new agent) wants me to remove flower planters from my driveway, saying it is a violation of the "Maintenence of Exterior of Owners Property" clause of my deed restrictions. I have had flower planters on my driveway since 1998 and have heard nothing but compliments and otherwise encourgaging words, either directly or indirectly, from all of my neighbors I've spoken to. I'd hate to terminate this established tradition because someone thinks flowers somehow diminish the value of mine and my neighbor's property values. What recourse do I have it they continue to insist on the removal?

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  • Sun, 17 Apr 2005 07:10:00 GMT(1)
  • Then take this to your next board meeting.
  • Sat, 16 Apr 2005 21:34:00 GMT(2)
  • Has there been a vote of the board?
  • Sat, 16 Apr 2005 18:51:00 GMT(3)
  • Quote:

    Originally Posted by CHASE32940

    What is the name of your state? Florida
    My HOA (their new agent) wants me to remove flower planters from my driveway, saying it is a violation of the "Maintenence of Exterior of Owners Property" clause of my deed restrictions. I have had flower planters on my driveway since 1998 and have heard nothing but compliments and otherwise encourgaging words, either directly or indirectly, from all of my neighbors I've spoken to. I'd hate to terminate this established tradition because someone thinks flowers somehow diminish the value of mine and my neighbor's property values. What recourse do I have it they continue to insist on the removal?


    My response:
    Yours is not a legal question. However, you have no recourse if your "Maintenence of Exterior of Owners Property" clause of your deed restrictions is being violated. Either comply, or determine what their recourse against you if you fail to comply. To do that, you need to read your HOA Rules and Restrictions.
    IAAL
  • Sat, 16 Apr 2005 21:02:00 GMT(4)
  • My deed restrictions read "In the event an Owner of any Undeveloped Lot, Home in the Project shall fail to maintain the exterior of his Home in a manner satisfactory to the Association, the Association, after approval by two-thirds (2/3) vote of the Board of Directors, shall have the right, through its agents and employees ...". I have done this same thing since spring of 1998. Doesn't this establish a precedent and make the new ruling now calling it a violation somewhat subjective?
  • Sun, 17 Apr 2005 07:08:00 GMT(5)
  • To the best of my knowledge - no - there has not been a vote by the Board of Directors. I believe it is strictly a request made by the (new) "agent" hired by the HOA to enforce covenants, provided financial administration, etc.
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