Riverview, FL asked in Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida

Q: No Fruit Trees - HOA? Can anything be done to secure my rights

No Fruit Trees - HOA?

Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.

However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in home. The fact that I may be restricted in doing what I want in my OWN home that I am paying TAXES that is fenced in - isn't that an invasion of some kind - privacy, rights, safe haven I don't know... etc etc. The bylaws in Hillsborough don't have anything against them. Is there anything I can do about this? Any law that can work in my favor? I understand if it's a structural issue - something that effects how the neighborhood looks etc etc....

And issues about "rodents" - that's a joke. Anyone who takes care of their garden can manage/stop any of that from happening. There are some nasty backyard out there with TALL/LONG weeds among other things -inside of a fenced in garden - so no one's said anything

2 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Consumer Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not illegal or violates public policy. (So to use an absurd example, your HOA could not allow prostitutes to hang around on the street corners engaged in plying their trade because that conduct is illegal. Is a rule against fruit trees illegal? No.)

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Real Estate Law Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: You indicate that "it doesn't say whether it's a backyard rule or not". If not, it would apparently prohibit fruit trees anywhere on the property.

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