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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111548
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I live in a mobile home community in Florida. I have just received

Customer Question

I live in a mobile home community in Florida. I have just received a letter from a person on the board of directors, stating that my girlfriend has been staying overnight at my home more than sixty times during a calendar year. the rule reads " Overnight guests are limited to a sixty day length of stay in any calender year, unless a longer stay is approved by the board of directors of the association. " I read it to mean, 60 overnight stays in a row. The way they read it I think is an invasion of privacy.
Submitted: 3 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am afraid that the clause you provided does not subject itself to your interpretation, since it does not say in a row, it says only 60 days in a year and courts will give the clause the most common and obvious meaning in that since the 60 days was not specified to be continuous, it means just 60 days a year. Unfortunately, this is the problem with these type of homeowner/property associations, they have crazy rules restricting an owner's use of their own property. However, if a person buying property signs on for an association and the bylaws then they are bound by those bylaws and the FL courts do not hold this to be an invasion of privacy or a violation of your property rights because when buying in an association you agree to be bound by the association rules.

This is another perfect example why when clients come to our offices about purchasing in an association governed area, we tell them to run and not walk away. By buying in an association area, an owner gives up so much control and rights over the use of their property.



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