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Barbara Billiot Stage
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- Real Estate Law
- Condominiums, Homeowners Association, Mortgages, Neighbor Disputes, Residential Real Estate
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- The Florida Bar # 0042467
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343 Questions Answered
- Q. HOA Florida statute 720.3035 1. updated on July 1st, 2024 "limits or places requirements on the interior of a structu
- A: The statute that was in effect at the time your restrictive covenants were recorded is controlling. New statutes generally do not apply retroactively.
You should consult with a community association lawyer to review your HOA documents (all of them) and the law that existed at that time before investing in construction work. There are several clauses in those documents that could be controlling and it's not always as simple as looking for a restriction that says no ADUs, etc.
- Q. Generally when do changes in Florida Statute 723 take effect?
- A: Generally, new statutes take affect July 1st of each year unless there is a special session. Generally, new statutes are not retroactive to apply to existing contracts unless they state they are passed as a matter of public policy. There are exceptions to that rule but that is a very complex answer and goes beyond the general question and answer format of this forum.
- Q. Right of way utility company has built a 40 ft antenna 0n my property just next to my fence there is a drainage easement
- A: There's no way of telling in this online forum. If it's designated as a drainage and utility easement. A real estate lawyer would need to review your survey, the community plat and search for any easement documents. Generally, whenever an owner puts anything in an easement, the entity benefitting the easement has the right to remove it but not the duty to replace it.
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