What law or regulation is allowed or not allowed to install water parks on public beaches in Florida? Where can I find this document? Which service in the state government issues permits for such business.
answered on Jan 20, 2021
A Florida attorney could advise best, but your question remains open at this point. You would probably need to look through various laws on the federal, state, and local level that address land use and zoning. And even then, things like this might not be expressly addressed, but implied, simply by... View More 
In the city we live in Clermont, Fl, the park rangers and their leader, parks and recreation director, are trying to prevent us from assembling in a public park (Waterfront Park)
The claim is that we are considered commercial activity. They are asking us to fill out waivers, background... View More
answered on Jan 15, 2021
The first issue is the definition, if any, of "commercial activity" in the city code. There might be a definition that applies to your group even though no money changes hands. If the definition does NOT apply to your group, or there's no definition at all, then the action against... View More
answered on Dec 7, 2020
Your options to build don't depend on who owns the surrounding land, they depend on the current zoning. If the zoning is adverse to you, then your options depend on whether you can obtain a variance or a rezoning. The first step would be to contact the County Development Services Division to... View More
This candidate's excuse is a '5 year statute of limitations for enforcing Deed restrictions' b/c his wife was on the Board for years, & used 'selective enforcement" of restrictions on some while they refused to comply.
answered on Nov 30, 2020
If you are a board member you have a duty to consult with the HOA attorney rather than trying to find answers on the internet. If the HOA does not have an attorney, it needs one.
If you are a homeowner, the answer is "it depends" on the language in the HOA documents, what... View More
I thought everything was covered until yesterday afternoon 12 hours before service. Now we were told we need an affidative that goes with the plot. Pasco County Court Records have no idea what they are requiring, nor does the funeral director. He is being buried on family property & we have... View More
answered on Nov 21, 2020
It is unclear who is requiring an affidavit. Ask that person what such an affidavit would recite, and then write one.
can i claim this property as squatters rights without legally being prosecuted by law
answered on Nov 5, 2020
All real property is owned by someone. if whoever does own it finds you squatting on it, the owner can sue you, and also have you criminally charged with trespassing under certain circumstances.
My father passed away this year. He owns a home. My name is not on the deed and I still live there. Recently I received many violations by the state of Jacksonville Florida. I feel harassed.
answered on Nov 5, 2020
I am sorry for your loss and the passing of your father, please accept my condolences and sympathy for your loss and this difficult time, You will need to speak with a Florida Probate Attorney, you will also want to get a copy of the deed to have it reviewed. It is likely that some version of... View More
answered on Oct 28, 2020
it depends, for one thing, upon what company was granted the easement. And it would also depend upon when it was created. if, for example, a power company was granted a "utilities easement" in 1920, it is doubtful that the easement would include cable; although it might include... View More
It's simply worded as stated. Thank you.
So I'm buying this lot that is in a townhouse community. It is privately owned not by association. I called them up and they are planning on finishing devlopment once covid is over. But I would like to know, if they are allowed to build on my lot because it is in their community. But I do own... View More
answered on Oct 24, 2020
No, they can't build a house on your lot. You better ask them how they think they can do that. Perhaps you really don't own the lot; I suggest you run it by an attorney.
I replaced my privacy fence a couple years ago with a type of fence that was perfectly acceptable at that time. Recently they changed the types of fences that were allowed and sent me a notice that I had to replace my fence with a new type within 30 days. I let them know a few months ago that I... View More
answered on Oct 15, 2020
Did you get written approval to install the fence? Does the HOA documents require written approval for fences? Sometimes they rely on language which states you need permission for any exterior modification. Depending on how it is worded, some courts will find the language is too broad and vague,... View More
I currently live in a private gated community with a H.O.A. The title to my property states i have a rear building setback line of 23ft. I want to reduce this to 15ft. The H.O.A have stated it's my property to do with as i please if i submit architectural plan to the board for review. However... View More
answered on Oct 6, 2020
Yes, your county zoning ordinance probably also has a setback requirement. Call the county and ask them what the requirements are.
Wanted to build a home and I just wanted to know what all that means R30 zoning
answered on Sep 10, 2020
Since you are writing from Fla., it is unlikely that a NC attorney will see your post, but even if an NC attorney would see it, he/she would be unlikely to know, off the top of his/her head, what that zoning category means because such zoning code numbers are unique to each local jurisdiction. You... View More
Legal documents. We’ve been called recently by family members in PR but they don’t give exact info. How can I find out who the executor is and how much land and where it’s located.
answered on Aug 29, 2020
This has nothing to do with Land Use & Zoning, or with Florida law either, for that matter. You should ask your question in Justia > Ask a Lawyer > Puerto Rico.
Construction project in front of the shopping center where my restaurant is located has been obstructing traffic to the point that during certain times of the day there is 1 lane width of an entrance meant to double as an exit, causing congestion and frustration for all patrons. We are unable to... View More
answered on Aug 17, 2020
IMO, you are wasting your time complaining about road construction improvements ("progress") not controlled by either your city or your county government. The State of Florida, Department of Transportation has statutory authority to do whatever it thinks needs to be done when improving... View More
We have just brought a house in a HOA governed community in Tampa, Florida. We have a 2000 sqf backyard and have planted some Florida approved fruit trees like mango , banana as we wanted home grown food and for religious practices. We got a letter from HOA that we are not allowed to plant fruit... View More
answered on Jul 27, 2020
The ARB documents/guidelines are valid restrictions adopted by the HOA. Whether or not you can claim a reasonable accommodation for religious practices is a fact-based question that requires the review of a lot of factors, which go beyond the scope of this website and require a review of all of... View More
My HOA owns the easement between my house and several neighbors. We all experienced flooding and property damage. We aren't allowed to touch it because they own it, but they refuse to make any repairs to the easement to ensure proper drainage.
answered on Jul 21, 2020
It depends on the nature of the easement and who owns the property versus who is the easement holder. An easement holder has rights to use the property for a particular purpose, but does not own the land. For instance, if they have a utility easement, they likely have no responsibility for... View More
answered on Jul 1, 2020
No. However, many people are having to do that these days--because of the pandemic.
We are a mandatory HOA with properly recorded CC&R, Articles of Incorportation, and Bylaws. There is nothing listed in the Powers of the Board section that allows the Board, at its discretion, to waive the collection of any mandatory assessments. I was just appointed as treasurer and the... View More
answered on Jun 18, 2020
If the operating restrictions, bylaws, and articles do not grant the Board such discretion and the HOA members and Board have not established such authority by vote and adoption of said provisions then yes, it is likely that a fiduciary duty to the association is being breached by the members of... View More
My property has a private dirt road, which is a right of way easement, for a landlocked property to the North. In 2015, a new property was built, on the lot to the West. The previous home owner gave this new household permission to connect, in exchange for road repairs. Consequently, my dirt... View More
answered on Jun 3, 2020
If I understand what you're saying, an otherwise landlocked piece of property has a private access easement across your land, which easement is being used by another landowner without your permission. Yes, you may seek an injunction against their use of if, and perhaps require the easement... View More
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