Get free answers to your Land Use & Zoning legal questions from lawyers in your area.
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
answered on May 28, 2020
Possibly. Did you know, or would a reasonable person in your shoes have known, that there was a substantial possibility that the tree could fall and damage the boat? If so, was the boat owner more negligent than you when the boat owner put the boat where the tree could fall on it?
Many golfers encroach on private property of homeowners imposing on their privacy and at times damaging property. How can we mitigate that? Fines? Civil Tickets? The course is owned by the City. Thank you.
I don't want a flea market on my land. Also they've refused to pay rent for three months.
answered on May 16, 2020
First thing Monday morning, get on the phone or the internet and find a landlord tenant attorney in your town/county; hire him or her, and tell him/her what you want done. Then let the attorney work his or her magic. if it was me, and my tenant hadn't paid rent in 3 months and opened a flea... View More
May I still go on the beach above the mean high water mark that we own legally?
answered on Apr 5, 2020
What entity closed the beach, the city or county; or did the HOA close its portion of the beach? I would contact your local law enforcement agency for clarification.
I am leasing a residential property from a company. Someone made a complaint to the county that i am subletting. The county said i have seven days to fix the issue. I don't have anyone else living there. I receive no rent and all bills are in my name. I have friends stay the night often. How... View More
answered on Apr 1, 2020
You post is vague as to whether you were issued a code enforcement citation with a fine and/or notice of hearing, or instead just some kind of warning, without any legal consequences at the moment. If you were issued a citation, immediately consult an attorney - meaning call a law office and... View More
I have a 125cc dirtbike that cannot go really fast. I live in a pretty laxed equestrian neighborhood. The roads are gravel with no line markings or anything, but isn't rural. I am very confused on the laws in my neighborhood. There is no sign that specifically targets golf carts, but a street... View More
answered on Feb 7, 2020
The statute doesn't apply; your bike is not an ATV (which would not be "street-legal" but nevertheless can be operated under the enumerated conditions).
For the local laws you would have to ask somebody in your locality..
The condominium docs specifically state "each of the units shall be used and occupied only as a single family residential dwelling by the unit owner, members of his family, his guests, invitees, and lessees and, in the case of lessees, their families, guests, and invitees. Numerous owners who... View More
answered on Jan 28, 2020
The definition should be in the documents. But it appears that the quoted language contains inherent ambiguity. The association needs to look into clarifying the documents, if possible. If that's not possible, litigation might be in order.
none of my animals are sick and my child isnt sick. can you supply a specific law that covers this?
answered on Dec 30, 2019
All "zoning laws" allow you to keep some number of animals at you address are local ordnances, not laws. Whenever the health, welfare and/or safety of children is an issue the Florida DCF has superior state law jurisdiction and the authority under Florida law to protect all children... View More
The Rookery Bay Aquatic Preserve acted in 1978 to restrict certain homes on Marco Island from having a dock more than 160 square feet. These homes are a very small percentage of the total number of homes on Marco and almost every home on Marco has a dock and a boat. The restriction placed on... View More
answered on Nov 21, 2019
It looks to be more an equal protection issue than a 5th Amendment "Taking Clause" issue (and the comparable provisions of the Florida Constitution). Depending upon how much the regulation affects land values, it might be cost-effective to pursue.
The County that I live in does not have a definition. How do I petition the County to adort a definition?
answered on Nov 8, 2019
How does it affect you? Is "fish processing" regulated in your location and are you arguably subject to such regulation? I see that you picked the "Land Use & Zoning" topic; if you don't think the zoning regulations apply to you, start by talking to a code enforcement... View More
My mother and father bought land over 20 years ago and it only has a fence around the land. We just found out last night that one of our relatives passed by and saw that someone is constructing a home on it. We have the deed and survey on the property.
answered on Nov 6, 2019
You should ask this question in Justia › Ask a Lawyer › Puerto Rico ›. But you need to contact an attorney there; a Florida attorney probably can't help you.
The whole scenario changed. From sending a bill from their lawyer because of at that time I was replacing my fence and it was installed improperly and( Code Enforcement gave me 6 months to replace my fence ) This year I sent my HOA dues, only to receive back the same envelope, and my check? Sent... View More
answered on Sep 13, 2019
If you have a question to be answered, please ask it. At the same time please review what you write before you post it so that it is coherent.
My living Grandmother wants to add me to her land deed. I want to build on the land. The land is in Puerto Rico. My granny lives in Florida. She wrote a statement stating her wishes and gave me the actual deed. However, I did not get her statement notarized due to lack of time. What are my next... View More
answered on Aug 28, 2019
In most places she should execute a new deed from herself to herself and you. But to be sure it's done right yes, get an attorney in Puerto Rico.
Can a lawyer in Florida help? Could I do this on my own?
answered on Aug 15, 2019
Your question is vague as to what you mean by "is passing down" the property. Is she living and wishes to make an estate plan for passing of her property after death? Is she living and wants to convey it to you right now? Is she dead and arranged for it to pass to you in a Will, Trust,... View More
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