Deed Restriction Enforcement Information
Deed restriction enforcement ensures that property owners comply with the private land use controls established in the community's governing documents. Enforcement is necessary when a property owner violates a restriction, such as: constructing an unapproved structure, operating a prohibited commercial activity, keeping unauthorized pets, maintaining the property below community standards, or making architectural changes without approval. Enforcement may involve informal communication, formal violation notices, fines, and ultimately litigation seeking injunctive relief and damages.
Florida Legal Definition
Florida Statutes §720.305 governs HOA enforcement of deed restrictions, providing that the association may bring an action to enforce the governing documents and may recover attorney's fees from the non-prevailing party. Before imposing fines, the association must provide 14 days' written notice and an opportunity for a hearing before a committee of at least 3 non-board members. Florida Statutes §720.3035 establishes a presumption of validity for restrictive covenants. However, §720.3075 limits covenant enforcement by prohibiting restrictions on: Florida-friendly landscaping (xeriscaping), clotheslines (in certain areas not visible from the street), service flags and U.S. flags, solar collectors, and electric vehicle charging stations.
How It's Used in Practice
In practice, attorneys enforce deed restrictions through a graduated approach: informal notice, formal violation letter, fine hearing, and litigation if necessary. The attorney evaluates: whether the restriction is enforceable (some restrictions may have been abandoned through non-enforcement), whether the restriction has been selectively enforced (which may constitute waiver), whether the restriction violates any statutory prohibition (such as the Florida-friendly landscaping protection), and whether the violation is significant enough to justify the cost of enforcement. For homeowners defending against enforcement, attorneys challenge the validity of the restriction, the propriety of the enforcement process, and the adequacy of the opportunity for hearing.
Key Takeaways
- Deed restriction enforcement compels compliance with covenants.
- Florida Statutes §720.305 governs HOA enforcement.
- 14-day notice and hearing required before fines.
- Covenants are presumed valid under §720.3035.
- Selective enforcement may constitute waiver of the restriction.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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