Copies of the Articles of Incorporation and bylaws of the homeowners association can be obtained from the Florida Department of State, Division of Corporations. Copies of the governing documents may also be obtained directly from the homeowners association.
Florida case law also makes it illegal to build a "spite fence" – a fence built for no other purpose than to interfere with a neighbor's property rights.
“As of July 1, HOAs will be prohibited from banning common-sense parking, fining residents for leaving garbage cans out on trash day, creating rules for the inside of structures or backyards (like prohibitions against gardens or clotheslines) that can't be seen from the street, neighboring property or common area, and ...
An association has the duty to enforce the restrictions set forth in its CC&Rs. When it fails to do so, “a homeowner can sue the association for damages and an injunction to compel the association to enforce the provisions of the CC&Rs.” (Posey v.
If a fence is installed without a permit and encroaches on someone else's property, consequences can include legal action, fines, and removal of the fence. The property owner may request its removal, and you could be held responsible for any damages caused during installation or removal.
The Florida Homeowners' Association Act, Chapter 720 of the Florida Statutes, states that amendments to “governing documents” for homeowners' associations are not effective until they are recorded in the public records of the county in which the community is located.
Fence Height Florida building code generally requires that fences should be built no taller than six feet. Lower levels of government may have their own rules though. For example, Miami-Dade County regulations say that height for fences cannot exceed six feet in most cases.
The maximum height of a fence is 4-feet within the front yard setback. Beyond that point, towards the rear of your property, the height of the fence can be up to 8-feet. A visibility triangle for traffic safety purposes must be maintained at road intersections.
All walls and/or fences located in a front, street side or street rear setback areas shall not exceed six feet in height.
Maintaining Distance from the Property Line This helps prevent disputes and allows for maintenance on both sides of the fence without encroaching on the neighbor's land. A common practice is to build the fence 2-8 inches away from the property line, depending on local regulations and personal preferences.