What if you wish to build a gate as an entry way to your property. Can the HOA or it's Design Review Board simply say no to you without just reason? What are the rules that the Design Review Board has to follow?
Here is a good summary of changes made to Florida Law in July of 2007.
Section 720.3035 - Architectural Control Covenants; Parcel Owner Improvements; Rights and Privileges This is a new Section created by the Bill. This Section provides specific guidelines relating to architectural review and oversight of a homeowners' association. The authority of a homeowners' association or architectural review committee of a homeowners' association to review and approve plans for the location, size, type or appearance of any improvement and to enforce standards for external appearance of any structure or improvement must be specifically provided for in the declaration or other published standards authorized by the declaration. If the declaration or other published standards provide options relating to the use of material, size, design or location of any improvement, a homeowner's right to select from such options cannot be restricted. No policy or restriction that is inconsistent with published architectural standards may be enforced.
What does this mean in plain English? This change in law was instituted to protect the rights of the residents. There can not be arbitrary rejections of plans simply because they do not match the tastes of the DRB or other home owners. In summary, unless the documents provide specific reasons to prohibit the planned improvement, they can not be restricted Some people like chocolate and some people like vanilla, and unless the documents prohibit vanilla or chocolate, it is a matter of taste and choice.
Choosing where to live includes understanding whether or not an HOA or Condo Association is part of the picture. We recommend spending some time investigating these associations before you buy.
Use FloridaLuxury-Homes.com to help you find your dream home.
No comments:
Post a Comment