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AttyHeather
AttyHeather, Lawyer
Category: Real Estate Law
Satisfied Customers: 573
Experience:  Attorney with 15 years experience
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My hoa manager says no paver driveway permitted I've seen

Customer Question

My hoa manager says no paver driveway permitted I've seen other hoa community has it is it legal
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  AttyHeather replied 4 months ago.

Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.

Customer: replied 4 months ago.
I own a home in a gated community in Orlando Florida my driveway concrete keeps cracking I applied to do a paver driveway and was told by the manager No paver driveway permitted
Expert:  AttyHeather replied 4 months ago.

There are probably covenants that restrict the community from having pavers. Did your manager say it was due to the community rules/covenants or due to zoning laws? I would bet it is the covenants, which is essentially a set of rules that the community agrees to that re recorded against that subdivision's land records. When someone breaks the rules, it is not breaking the law and there is not a criminal penalty, but rather it is breaking the agreement between the land owners. When someone does this, if the HOA or another homeowner doesn't sue, then the breaching party essentially can get away with it leading to the appearance that it is allowed when it is not.

Customer: replied 4 months ago.
I already know that you are not telling anything I dont know I want to know how can I go about getting the drive way done since that I've seen it in one of the other community next to ours and a board member has paver on both sides of her driveway
Expert:  AttyHeather replied 4 months ago.

If it is against the covenants, then you can do it at your peril. There will be a chance that someone can sue you to change it or remove the pavers, just like you can sue the board member to remove their pavers. If you want the pavers, that is your option, unless you want to go the route of trying to have the covenants changed, which would take a majority homeowner voting and passing the change.

Sorry for giving you information that you already knew.