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NEW HOA LAW IS WELCOMED BY MANY
By
Eric Glazer, Esq.
Published September 18, 2023
There has
been so much talk about the new condo laws. However, one new
HOA law is a major change to the thousands of HOAs throughout
the state.
As we
know, you lose some of your rights to use your property the way
you want to use it when moving into a deed restricted
community. But suppose what you want to do truly has no effect
on anyone else? Nobody else can even see what you want to do?
Why then should you be stopped from doing what you want to do?
Well a new Florida law addresses that issue:
720.3045 Installation,
display, and storage of items.—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.
How many fights have there been over the years between boards
and owners about an owner putting their boat or recreational
vehicle in their yard and the board demanding its removal,
despite the fact that the boat or recreational vehicle could not
be seen from any other parcel? Well,,…… those days should be
over. Maybe.
Although the statute is clearly designed to prevent further
fights, there may be parcel owners who test the statute. For
example, does the term “not visible …from the adjacent parcel”
mean that the adjacent parcel owner should not be able to see
the boat from the second or third story of their home, or does
it mean from ground level only? Perhaps this should have been
clarified. For the most part however, lots of boats and
recreational vehicles are now likely to wind up on your
neighbor’s property.
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About
HOA & Condo Blog
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Eric Glazer graduated
from the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for three decades and is the owner of
Glazer and Sachs, P.A. a five attorney law firm with
offices in Fort Lauderdale and Orlando.
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Eric is Board Certified by The Florida Bar in
Condominium and Planned Development Law.
Since 2009, Eric has been the host of Condo Craze
and HOAs, a weekly one hour radio show that airs at 11:00 a.m.
each Sunday on 850 WFTL.
See:
www.condocrazeandhoas.com.
Eric is the first attorney in the State of
Florida that designed a course that certifies condominium and
HOA residents as eligible to serve on a Board of Directors and
has now certified more than 20,000 Floridians all across the
state. He is certified as a Circuit Court Mediator by The
Florida Supreme Court and has mediated dozens of disputes
between associations and unit owners. Eric also devotes
significant time to advancing legislation in the best interest
of Florida community association members.
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