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What kind of property is covered by a deed restriction?

On Behalf of | Oct 13, 2021 | Homeowner Association & Condo Law |

Residents of Naples and other nearby areas of Florida may want to learn more about deed restrictions, what they cover and how they are enforced. People who buy into a community often rely on the HOA to keep the quality of life at its best.

According to one expert, enforcement of deed restrictions may depend on whether the HOA has management or not.

What types of property have restrictions?

There could be more than the list here. You might find restrictions for the following:
• Boats
• Breeds of dogs
• Lawn maintenance
• Whether you can rent
• Rules for common areas
• Number of vehicles
• Fences
• Adjacent structures

Paint colors may be covered as well. Homeowner’s associations set the restrictions and are usually responsible for enforcement.

What happens to deed restrictions without HOA management?

If a homeowner stored their boat on the property, and it is a restriction, what could happen? The answer is that enforcement is always a private matter. Another person in the development who objected could not call the county and ask them to intervene. They would rely on the HOA.

Ask the HOA or sue in court

If another property owner did not agree with the restriction, they could ask the HOA, which might be able to enforce the restriction. If they cannot, the dissatisfied property owner might ask the HOA to pay for an attorney to take all boat owners to court.

The individual might take the property owner to court

Filing and paying on their own, the unhappy property owner might ask the court for a solution. In this case, a judge might rule that the boat needs moving, and the person should stop violating deed restrictions.

Deed restrictions may vary with the property. Their enforcement is usually at the hands of the HOA. If that fails, there is always a court solution. Advice to property owners is to honor the deed restrictions.