Property Management
A Florida HOA's declaration of covenants provides that any architectural changes must be approved by the Architectural Review Committee (ARC). A homeowner installs a basketball hoop in their driveway without ARC approval. The HOA may:
ADo nothing since the basketball hoop is on the homeowner's private property
BRequire removal of the basketball hoop and impose fines for the violation✓ Correct
COnly impose fines but cannot require removal
DTake action only if the basketball hoop creates a safety hazard
Explanation
HOA deed restrictions are enforceable through the association's rules and procedures. If the Declaration requires ARC approval for architectural changes, an unapproved installation violates the deed restrictions. The HOA can: demand removal, impose fines (after proper notice and hearing procedures), and potentially seek a court injunction. Florida Chapter 720 provides the framework for HOA enforcement.
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