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Barrister
Barrister, Attorney
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I bought a home in Hernando County Florida Dec of 2008. It

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I bought a home in Hernando County Florida Dec of 2008. It is a deed restricted community. When I moved in on Dec31,08 there was no restrictions on the number of pets. A new HOA has taken over the communty several months ago. On Sept. 30,09 I recieved a copy of the new regulations for the community which the HOA approved in Aug.09. It now states that homeowners can only have 2 dogs or 2 cats. I have more than 2 dogs before this change. I am not going to give away any of my pets. This is my home. I am not renting. What are my rights?
Submitted: 5 years ago.
Category: Legal
Expert:  Barrister replied 5 years ago.

Hello,

 

Sorry about that, I noticed it the second after I posted. Let me see what I can find...

 

Thanks

MAtt

 

 

 

I am sorry if the answer is not what you would prefer, but as you know, sometimes the correct answer is good news, other times bad. I hope you have a better understanding of your legal issue as a result of my comments. If the information given in fact answered your question please click the GREEN "ACCEPT" button NOW, so that I receive credit for my work. If you need additional clarification on this question, don't hesitate to click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details. If you would like to have me help with further questions, you can request me personally in your question caption.



Edited by Matt on 10/1/2009 at 2:56 AM EST
Customer: replied 5 years ago.
I live in a single private house not a condo. It is my house.
Expert:  Barrister replied 5 years ago.

Ok, it looks like they can change the regulations but you can notify them that you do not intend to be bound by them as it is an unreasonable restriction on your personal property rights. If they decide to press the matter, you may have to file suit for injunctive action to prohibit them from enforcing the change.

 

You would be required to go through mediation to try and resolve the issue before filing suit:

 

720.311 Dispute resolution

 

(2)(a) Disputes between an association and a parcel owner regarding use of or changes to the parcel or the common areas and other covenant enforcement disputes, disputes regarding amendments to the association documents, disputes regarding meetings of the board and committees appointed by the board, membership meetings not including election meetings, and access to the official records of the association shall be the subject of a demand for presuit mediation served by an aggrieved party before the dispute is filed in court. Presuit mediation proceedings must be conducted in accordance with the applicable Florida Rules of Civil Procedure, and these proceedings are privileged and confidential to the same extent as court-ordered mediation. Disputes subject to presuit mediation under this section shall not include the collection of any assessment, fine, or other financial obligation, including attorney's fees and costs, claimed to be due or any action to enforce a prior mediation settlement agreement between the parties. Also, in any dispute subject to presuit mediation under this section where emergency relief is required, a motion for temporary injunctive relief may be filed with the court without first complying with the presuit mediation requirements of this section. After any issues regarding emergency or temporary relief are resolved, the court may either refer the parties to a mediation program administered by the courts or require mediation under this section. An arbitrator or judge may not consider any information or evidence arising from the presuit mediation proceeding except in a proceeding to impose sanctions for failure to attend a presuit mediation session or to enforce a mediated settlement agreement. Persons who are not parties to the dispute may not attend the presuit mediation conference without the consent of all parties, except for counsel for the parties and a corporate representative designated by the association. When mediation is attended by a quorum of the board, such mediation is not a board meeting for purposes of notice and participation set forth in s. 720.303.

 

 

Thanks.

Matt

 

 

 

I am sorry if the answer is not what you would prefer, but as you know, sometimes the correct answer is good news, other times bad. I hope you have a better understanding of your legal issue as a result of my comments. If the information given in fact answered your question please click the GREEN "ACCEPT" button NOW, so that I receive credit for my work. If you need additional clarification on this question, don't hesitate to click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details. If you would like to have me help with further questions, you can request me personally in your question caption.

Barrister, Attorney
Category: Legal
Satisfied Customers: 24210
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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