Barbara Billiot Stage

The Florida Bar  # 0042467

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Q. Can an HOA require you to take down a fence that you previously got permission to install from prior HOA

January 29, 2025

A: Most HOA documents require written permission and some assert even if granted permission they must comply with the HOA documents. You would need to consult with a lawyer, who you should have if you're selling real estate anyway, to read your HOA documents, including any amendments to them and board adopted Rules and Regulations. A HOA has five years to enforce violations of its documents. You need to deal with this issue as soon as possible because the title company will request an estoppel once you get a buyer and it will likely note the fence is a violation.

Q. HOA Florida statute 720.3035 1. updated on July 1st, 2024 "limits or places requirements on the interior of a structu

January 18, 2025

A: The statute that was in effect at the time your restrictive covenants were recorded is controlling. New statutes generally do not apply retroactively.

You should consult with a community association lawyer to review your HOA documents (all of them) and the law that existed at that time before investing in construction work. There are several clauses in those documents that could be controlling and it's not always as simple as looking for a restriction that says no ADUs, etc.

Q. Generally when do changes in Florida Statute 723 take effect?

January 14, 2025

A: Generally, new statutes take affect July 1st of each year unless there is a special session. Generally, new statutes are not retroactive to apply to existing contracts unless they state they are passed as a matter of public policy. There are exceptions to that rule but that is a very complex answer and goes beyond the general question and answer format of this forum.

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