I read recently about a resident in an upscale HOA community who spent her summer vacation in Maine.  While there, the resident became accustomed to putting her clothes out to dry on a clothesline, per local custom.  The resident assumed, however, that upon returning to her Florida HOA community, she would be prohibited from utilizing a clothesline due to restrictions in her HOA’s declaration.

In the last several years, Clayton & McCulloh has received a number of inquiries from our clients as to whether a certain owner of a home within a residential community (HOA, Condo, etc.) would have the right to run a “community residential home” within the community, even if the Association’s Governing Documents provide that the community shall have single-family residential occupancy.  Regardless of your Association’s understanding of its documents, in accordance with Florida law, specifically Florida Statute 419, your community may be required to allow for the use of a certain home or homes for “community residential home” purposes.

The holidays bring out the festive spirit in many of us. For many Associations, the holidays include lights, statues, decorations, and festive adornments on neighborhood properties. However, as we each have our own opinion as to what is tasteful and appropriate holiday decoration, the holiday season can be a time of contention between HOA’s and residents. While some believe that a simple wreath on the door is sufficient, others put great effort into creating elaborate outdoor holiday decorations. Decorations that may be considered tasteful and festive to some may be viewed as an eye-sore or distraction to others. On occasion, traffic problems may occur when holiday sight-seers come to view particularly elaborate holiday decorations while some other homeowners may leave their festive creations up until February or March. This creates issues within the community and can lead to bad blood, Covenant Violations, or even lawsuits.