Property Management

A Florida homeowners association (HOA) wants to restrict the number of vehicles a homeowner can park in their driveway. Under Chapter 720, F.S., this type of restriction:

AIs invalid since private driveways are always under homeowner control
BIs valid if it is included in the recorded Declaration of Covenants, Conditions, and Restrictions (CC&Rs)✓ Correct
CRequires unanimous homeowner approval
DCan only be adopted as a new rule, not in the original declaration

Explanation

HOA restrictions on parking (including number of vehicles, types of vehicles, and commercial vehicles) are valid and enforceable if they appear in the recorded CC&Rs or if properly adopted by the board under authority granted in the governing documents. Restrictions that are recorded with the subdivision plat run with the land and bind all subsequent owners.

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