Post by Admin on Feb 28, 2014 8:14:46 GMT -5
...Rights & Privileges
720.3035 Architectural control covenants; parcel owner improvements; rights and privileges.—
(1) The authority of an association or any architectural, construction improvement, or other such similar committee of an association to review and approve plans and specifications for the location, size, type, or appearance of any structure or other improvement on a parcel, or to enforce standards for the external appearance of any structure or improvement located on a parcel, sH all be permitted only to the extent that the authority is specifically stated or reasonably inferred as to such location, size, type, or appearance in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants.
Editor Note: For most architectural issues with regard to Manufactured Homes, owners need read no further. The entire Statute DEFERS to standards authorized in the Declaration of Covenants. Our Declaration of Covenants only permits "recreational vehicles" and it specifically prohibits mobile homes (much less manufactured homes!). Therefore, this provision CANNOT apply. Rules also do not apply since a Rule cannot be legally adopted which is at conflict with the Declaration of Covenants.
(2) If the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants provides options for the use of material, the size of the structure or improvement, the design of the structure or improvement, or the location of the structure or improvement on the parcel, neither the association nor any architectural, construction improvement, or other such similar committee of the association sH all restrict the right of a parcel owner to select from the options provided in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants.
Editor Note: Same as above--a rule must expand on a restriction already authorized in the Declaration of Covenants. Our Declaration was concepted as an RV park community with recreational vehicles and makes no references to structures that are not vehicles (shelter mounted on top of wheels aka "camping facility").
(3) Unless otherwise specifically stated in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants, each parcel sH all be deemed to have only one front for purposes of determining the required front setback even if the parcel is bounded by a roadway or other easement on more than one side. When the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants do not provide for specific setback limitations, the applicable county or municipal setback limitations sH all apply, and neither the association nor any architectural, construction improvement, or other such similar committee of the association sH all enforce or attempt to enforce any setback limitation that is inconsistent with the applicable county or municipal standard or standards.
Editor Note: This section MAY BE relevant because our Covenants contain restrictions on lot usage with regard to easements and authorize Rules & Regulations to be adopted. However, because of the type of structure, one must consider future lot use restrictions within the context of the allowable lot usage. The R & R's, again, cannot be in conflict with the Covenants.
(There are many versions of SLohA Rules & Regulations and it is unknown which Rules were lawfully adopted and which were just written by past Boards, recorded and distributed. This can only be determined by a forensic audit of the meetings at which Members were legally notified of SLohA's intent to change/add rules, member meetings, BOD motion to ratify ballot item, ballot form & language, and results and Minutes of Meeting where ballot items were ratified. This would logically be done only for a lawsuit or perhaps the Rulebook Committee might one day get serious about R & R.).
(4) Each parcel owner sH all be entitled to the rights and privileges set forth in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants concerning the architectural use of the parcel, and the construction of permitted structures and improvements on the parcel and such rights and privileges sH all not be unreasonably infringed upon or impaired by the association or any architectural, construction improvement, or other such similar committee of the association. If the association or any architectural, construction improvement, or other such similar committee of the association should unreasonably, knowingly, and willfully infringe upon or impair the rights and privileges set forth in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants, the adversely affected parcel owner sH all be entitled to recover damages caused by such infringement or impairment, including any costs and reasonable attorney’s fees incurred in preserving or restoring the rights and privileges of the parcel owner set forth in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants.
Editor Note: This gives an aggrieved owner the right to recover lawsuit damages from SLohA for impairing contractual rights given by the Declaration, but the Declaration cannot be used as a basis for a complaint regarding a manufactured home--because it does not permit manufactured homes. The owner has no "standing" i.e. no right to complain of an injury citing SLohA use restrictions. The right to recover damages would then be in the broader arena of a civil lawsuit.
(5) Neither the association nor any architectural, construction improvement, or other such similar committee of the association sH all enforce any policy or restriction that is inconsistent with the rights and privileges of a parcel owner set forth in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants, whether uniformly applied or not. Neither the association nor any architectural, construction improvement, or other such similar committee of the association may rely upon a policy or restriction that is inconsistent with the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants, whether uniformly applied or not, in defense of any action taken in the name of or on behalf of the association against a parcel owner.
Editor Note: This just says that no matter what actions have been or have not been taken by the BOD in the past, if those actions were inconsistent with the Declarations, those actions or non-actions are no defense if they are sued. So, if BOD ignores the prohibition against manufactured homes and permits them on the property, it cannot later defend itself if it starts prohibiting them. Their actions are totally accountable within the context of either being permissible by the Covenants--or not. What they did or did not do in the past does not matter.
History.—s. 11, ch. 2007-173.
Disclaimer: I am not an attorney and the interpretations above are my opinion and offered for informational purposes only. These interpretations should not be relied upon if you are contemplating legal action. Consult an attorney for legal advice.
720.3035 Architectural control covenants; parcel owner improvements; rights and privileges.—
(1) The authority of an association or any architectural, construction improvement, or other such similar committee of an association to review and approve plans and specifications for the location, size, type, or appearance of any structure or other improvement on a parcel, or to enforce standards for the external appearance of any structure or improvement located on a parcel, sH all be permitted only to the extent that the authority is specifically stated or reasonably inferred as to such location, size, type, or appearance in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants.
Editor Note: For most architectural issues with regard to Manufactured Homes, owners need read no further. The entire Statute DEFERS to standards authorized in the Declaration of Covenants. Our Declaration of Covenants only permits "recreational vehicles" and it specifically prohibits mobile homes (much less manufactured homes!). Therefore, this provision CANNOT apply. Rules also do not apply since a Rule cannot be legally adopted which is at conflict with the Declaration of Covenants.
(2) If the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants provides options for the use of material, the size of the structure or improvement, the design of the structure or improvement, or the location of the structure or improvement on the parcel, neither the association nor any architectural, construction improvement, or other such similar committee of the association sH all restrict the right of a parcel owner to select from the options provided in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants.
Editor Note: Same as above--a rule must expand on a restriction already authorized in the Declaration of Covenants. Our Declaration was concepted as an RV park community with recreational vehicles and makes no references to structures that are not vehicles (shelter mounted on top of wheels aka "camping facility").
(3) Unless otherwise specifically stated in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants, each parcel sH all be deemed to have only one front for purposes of determining the required front setback even if the parcel is bounded by a roadway or other easement on more than one side. When the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants do not provide for specific setback limitations, the applicable county or municipal setback limitations sH all apply, and neither the association nor any architectural, construction improvement, or other such similar committee of the association sH all enforce or attempt to enforce any setback limitation that is inconsistent with the applicable county or municipal standard or standards.
Editor Note: This section MAY BE relevant because our Covenants contain restrictions on lot usage with regard to easements and authorize Rules & Regulations to be adopted. However, because of the type of structure, one must consider future lot use restrictions within the context of the allowable lot usage. The R & R's, again, cannot be in conflict with the Covenants.
(There are many versions of SLohA Rules & Regulations and it is unknown which Rules were lawfully adopted and which were just written by past Boards, recorded and distributed. This can only be determined by a forensic audit of the meetings at which Members were legally notified of SLohA's intent to change/add rules, member meetings, BOD motion to ratify ballot item, ballot form & language, and results and Minutes of Meeting where ballot items were ratified. This would logically be done only for a lawsuit or perhaps the Rulebook Committee might one day get serious about R & R.).
(4) Each parcel owner sH all be entitled to the rights and privileges set forth in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants concerning the architectural use of the parcel, and the construction of permitted structures and improvements on the parcel and such rights and privileges sH all not be unreasonably infringed upon or impaired by the association or any architectural, construction improvement, or other such similar committee of the association. If the association or any architectural, construction improvement, or other such similar committee of the association should unreasonably, knowingly, and willfully infringe upon or impair the rights and privileges set forth in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants, the adversely affected parcel owner sH all be entitled to recover damages caused by such infringement or impairment, including any costs and reasonable attorney’s fees incurred in preserving or restoring the rights and privileges of the parcel owner set forth in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants.
Editor Note: This gives an aggrieved owner the right to recover lawsuit damages from SLohA for impairing contractual rights given by the Declaration, but the Declaration cannot be used as a basis for a complaint regarding a manufactured home--because it does not permit manufactured homes. The owner has no "standing" i.e. no right to complain of an injury citing SLohA use restrictions. The right to recover damages would then be in the broader arena of a civil lawsuit.
(5) Neither the association nor any architectural, construction improvement, or other such similar committee of the association sH all enforce any policy or restriction that is inconsistent with the rights and privileges of a parcel owner set forth in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants, whether uniformly applied or not. Neither the association nor any architectural, construction improvement, or other such similar committee of the association may rely upon a policy or restriction that is inconsistent with the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants, whether uniformly applied or not, in defense of any action taken in the name of or on behalf of the association against a parcel owner.
Editor Note: This just says that no matter what actions have been or have not been taken by the BOD in the past, if those actions were inconsistent with the Declarations, those actions or non-actions are no defense if they are sued. So, if BOD ignores the prohibition against manufactured homes and permits them on the property, it cannot later defend itself if it starts prohibiting them. Their actions are totally accountable within the context of either being permissible by the Covenants--or not. What they did or did not do in the past does not matter.
History.—s. 11, ch. 2007-173.
Disclaimer: I am not an attorney and the interpretations above are my opinion and offered for informational purposes only. These interpretations should not be relied upon if you are contemplating legal action. Consult an attorney for legal advice.