[LARC-CQ] Florida Statute 720.3045

[George Mann]

Prior to this, the state had adopted similar wording to the federal statute
PRB 1, which covers areas outside homeowners associations.
https://search.app/Jsq6Acvjpqpex7e66

On Thu, Jan 16, 2025, 10:02 PM Randy Michael via CQ <
cq at lists.lakelandarc.org> wrote:

> Thanks, Russ for posting, does this mean someone could put up a
> vertical ham antenna in a dead-restricted area or maybe a mobile home park
> ?
>
>
>
>    Randy Michael
>         KE 4 CRC
>    DMR  ID # 3112283
> Sky warn # POL 309A
> South cars # E 0729
>
>
> On Thu, Jan 16, 2025 at 4:38 PM Russ Delaney via CQ <
> cq at lists.lakelandarc.org> wrote:
>
>> At the meeting on Monday, I was asked to forward this information to the
>> LARC  mailing list.
>> This statute is a move in the right direction, and may only help some.
>> Link to the actual Statute:
>> https://www.flsenate.gov/laws/statutes/2023/720.3045 *Changes to a
>> Homeowners’ Association’s Restriction Rights Under HB 437*
>>
>> HB 437 appears to answer the question of why an HOA should be able to
>> restrict property use that cannot be viewed from another property with they
>> should not. HB 437 adds Section 720.3045 to the Florida Statutes, stating
>> that “regardless of any covenants, restrictions, bylaws, rules, or
>> requirements of an association . . . an association may not restrict parcel
>> owners or their tenants from installing, displaying, or storing any items
>> which are not visible from the parcel’s frontage or an adjacent parcel,
>> including, but not limited to, artificial turf, boats, flags, and
>> recreational vehicles.” In other words, if it cannot be seen from another
>> parcel, an HOA cannot restrict it. This change to the Homeowners’
>> Association Act provides homeowners with substantially more flexibility to
>> use their property than they may have previously had.
>>
>> However, it should be noted that Section 720.3045 is likely to give rise
>> to litigation as it leaves room for a grey area. Though in a broad stroke,
>> HB 437 through this statutory change, substantially increases homeowners’
>> property use rights, it leaves open the door to substantial litigation. The
>> statute effectively puts the proverbial ball in the homeowner’s court to
>> test the limits of what is or is not permissible under the statute. One key
>> grey area is that the restricted item must not be visible from an adjacent
>> parcel to be protected under the statute. This creates a question around
>> what visible from an adjacent parcel operationally means. Does this mean
>> that if the item can be seen through a neighbor’s second story window, but
>> it cannot be viewed from the same neighbor’s yard or the front of the home,
>> it is impermissible? Additionally, the statute does not clarify whether the
>> adjacent parcel must be part of the same association or if visibility from
>> an adjacent parcel that is not a part of the association would make
>> placement of the item impermissible. These are questions that the courts or
>> legislature will likely have to answer before the full impact of HB 437 on
>> homeowners’ rights is known.
>> *Conclusion*
>>
>> Homeowners now have broader rights to make use of their property,
>> including storing a boat or installing artificial turf, so long as it is
>> not visible from the frontage or an adjacent parcel. HB 437 has the
>> potential to impose substantial limitations on a homeowners’ association’s
>> ability to restrict property owner’s usage of their property. However,
>> there will likely be litigation over this restriction due to vagueness
>> around the visibility requirements of the statute. Before attempting to
>> exercise the new rights under HB 437, homeowners should carefully consider
>> whether an item or change to their property can be viewed from adjacent
>> parcels.
>>
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