Florida HOA upholds ban against parking pickup trucks and work vehicles in driveways — despite new state law. What are HOA fees for if you can’t even park at your own home?

By Free Republic | Created at 2024-10-03 21:31:59 | Updated at 2024-10-03 23:19:29 1 hour ago

Florida HOA upholds ban against parking pickup trucks and work vehicles in driveways — despite new state law. What are HOA fees for if you can’t even park at your own home?
Moneywise ^ | October 3rd 2024 | Bethan Moorcraft

Posted on 10/03/2024 2:23:33 PM PDT by Jacquerie

Per an HOA rule written in 1976, residents in Meadows subdivision in Sarasota are banned from parking their vehicles at home between 11 p.m. and 5 a.m.

MacIntyre agreed to follow the HOA’s rules and regulations when he bought his home in 2019. If he did park his truck on his driveway, The Meadows’ nightly safety patrol could issue him with a warning letter, fines or tow his vehicle.

Effective July 1, Florida House Bill 1203 has adopted sweeping changes for HOAs in the Sunshine State. The law overhauled many issues, including director education, records maintenance, meeting requirements, fines and, of course, parking restrictions.

Per HB 1203, HOAs may not prohibit a homeowner, tenant, guest or invitee of the property owner from parking:

A personal vehicle, including a pickup truck, in the property owner’s driveway or in any other area where they have a right to park as governed by state, county and municipal regulations.

Shortly after the law was signed, The Meadows HOA emailed residents stating: “This new law WILL NOT affect the current policies of The Meadows Community Association … all current parking rules and regulations will remain the same.”

When asked by ABC Action News about its rejection of the parking rules, the HOA’s general manager cited what is known as “Kaufman language” and explained: “The application of the new law depends on the governing language of the community association and the time it was recorded.”

“Kaufman language” refers to the phrase “as amended from time to time” in association with HOA governing documents and covenants. Originating from the 1977 Kaufman v. Shere case, it ensures that future legislative amendments automatically apply to those documents — but without this phrase, only laws existing at the document's recording date (which in The Meadows’ case, was 1976) are enforceable.

(Excerpt) Read more at msn.com ...

TOPICS: Society
KEYWORDS: florida; hoa

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1 posted on 10/03/2024 2:23:33 PM PDT by Jacquerie

To: Jacquerie

2 posted on 10/03/2024 2:26:07 PM PDT by Lockbox (politicians, they all seemed like game show host to me.... Sting)

To: Jacquerie

Never buy a property subject to an HOA’s dictates - I made that mistake when I moved to Texas last year and one of the reasons I’ll be selling next year is to escape the HOA. Never again.

To: Jacquerie

HOA are run by people who can be changed out and new rules made. Lawsuits can also be filed but not an easy route. Either stay and fight or move out.

4 posted on 10/03/2024 2:28:56 PM PDT by plain talk

To: AnotherUnixGeek

You didn’t read the HOA docs before purchasing?

5 posted on 10/03/2024 2:28:57 PM PDT by Jacquerie (ArticleVBlog.com)

To: Lockbox

I HAVE own 4 homes so far-—even only 84.
.7 acre——5 acres-—1 3/4 acres-—5++++ acres.

WILL NEVER, EVER own with HOA or CC&R’s.

6 posted on 10/03/2024 2:29:35 PM PDT by ridesthemiles (not giving up on TRUMP---EVER)

To: Jacquerie

Easy answer: He parks on his driveway, and the HOA leaderhip is personally charged for violating the Florida law when they harass him. The rule in the HOA covenant cannot preempt the state law.

However, the easy answer also entails some pain for the home owner from being harassed.

7 posted on 10/03/2024 2:29:44 PM PDT by MortMan (Charter member of AAAAA - American Association Against Alliteration Abuse)

To: MortMan

8 posted on 10/03/2024 2:30:41 PM PDT by Jacquerie (ArticleVBlog.com)

To: AnotherUnixGeek

It’s extremely difficult nowadays to buy a pre-existing home in many states and areas that is not under some sort of HOA. The trick is to make sure that the HOA isn’t one of these ridiculous ones that’s measuring your grass and giving you fines for parking your truck in your driveway. It also helps that the HOA is under the control of the people in the neighborhood and not by the builder or some external HOA company. HOA companies are known to actually have a business model that involves finding the crap out of people and then for closing on them.

HOA do have their uses, like nobody wants Jethro to set up a pig farm next-door or put 18 rusty vehicles up on cinderblocks in the front yard. But at the same time, this is an example when the pendulum goes too far the other way.

9 posted on 10/03/2024 2:31:26 PM PDT by suasponte137

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