Issue Created by Language Used in Deed Restrictions

Heleski v. Harrell, 2D12-4136 (Fla. 2d DCA 2013):

The Heleskis began building a structure on their property without notifying or getting approval from the HOA. The structure is 24 feet by 24 feet and is separate from the Heleskis’ main house. The Heleskis’ neighbors complained to the HOA that the structure was in violation of the neighborhood’s deed restrictions. When the HOA approved the project, the neighbors filed an action in circuit court to prohibit the construction. Summary judgment was granted in favor of the neighbors, finding that the Heleskis were prohibited from building the structure.

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