In Florida, the statute of limitations for breach of contract (such as violating your HOA covenants) is five years. The time period within which the HOA could enforce the covenant has expired, at least as it pertains to those patios that were built more than five years ago.
The Act defines a inium as “that form of ownership of real property created pursuant to this chapter, which is comprised entirely of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements.” As the shares are undivided, the separate ...
The answer is yes, it is lawful to do this. Nothing disallows the Association to do this under F.S. 718, which is Florida's statutory law for inium associations. You can see it here.
Common Elements of the inium Corporation are the land and structures in the inium Corporation other than the units themselves, such as the exterior landscaped areas, recreational facilities, parking garage, hallways, elevators, corridors, public washrooms, lobby areas, driveways, garbage rooms, electrical ...
Kitchen appliances within the units are not considered part of the common elements of a inium project since they are typically owned and maintained by individual unit owners. Swimming pools and greenbelt areas are examples of common elements as they are shared facilities within the inium project.
The HOA board president is vested with the same powers typically given to the chief executive officer of a corporation. This office should be the authority on the rules and laws that govern the board, handle procedural duties, and serve as the spokesperson for business matters.
Yes, in Florida, one heir can force the sale of jointly owned property through a partition action. This legal process allows co-owners to seek a court-ordered property sale when they cannot agree.