On July 1, 2023, Florida enacted a new law regarding the storage of items on a homeowner’s property. As with any new regulations, the changes may cause confusion as those affected adapt, potentially putting property owners and homeowners associations (HOAs) in conflict.
Read on to learn more about the new storage statute in Florida and how a Orlando real estate lawyer with our law firm can assist you with complications arising from the law.
What Changes Are In Florida’s New Storage Statute?
The new storage statute, Florida Statutes § 720.3045, concerns the installation, display, and storage of items on a homeowner’s property and reads as follows:
“Regardless of any covenants, restrictions, bylaws, rules, or requirements of an association, and unless prohibited by general law or local ordinance, an association may not restrict parcel owners or their tenants from installing, displaying, or storing any items on a parcel which are not visible from the parcel’s frontage or an adjacent parcel, including, but not limited to, artificial turf, boats, flags, and recreational vehicles.”
As you can see, the law clearly states that it overrides current HOA restrictions. The wording could lead to questions about active HOA agreements, and HOAs may need to update their terms to reflect the new statute.
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How Will the New Storage Laws Affect Homeowners?
As long as they are not visible from the front of the home or from adjacent properties, the new storage law allows homeowners to keep items on their property not previously permitted by many HOA agreements. Put more simply, the statute allows some property owners to store things in their backyards, even if the yard is visible from other public areas controlled by the HOA.
The law could be a financial boon for some homeowners, who will no longer have to pay to store their boat, recreational vehicle, or other personal items off of their property.
There will likely be bumps in the road as the new law takes effect, and HOAs may push back against property owners’ new rights. If you began storing items on your property after the law took effect and have received citations, fines, or other penalties via your HOA, you may have grounds to question its legal authority and recover financial losses related to your issue.
How Will HOAs Handle the New Storage Statute?
Some HOAs may try to challenge Florida Statutes § 720.3045, especially when stored items are visible from community parks, golf courses, or recreational waterways. And in fact, legal precedents could prevent new laws in Florida from overriding existing contracts. However, the recentness of the storage statute means that cases concerning it are only now working their way through courts.
Other HOAs may embrace the storage statute by updating current agreements. In certain instances, an update may be unnecessary if the contract states it automatically changes to reflect changes to Florida laws.
Finally, HOAs may have to defend themselves from legal action taken by homeowners for damages caused by an alleged violation of their rights under the new law. Conversely, HOAs may need to act against property owners who misinterpret the statute and improperly store items.
Do You Need a Real Estate Lawyer?
If you are a homeowner or an HOA dealing with legal implications brought on by Florida Statutes § 720.3045, you may want to consult with a real estate lawyer from our law firm. We have over 40 attorneys on staff experienced in all areas of the law, so we are well-equipped to assist you, no matter what side of the issue your problems stem from.
How Can We Help Homeowners?
HOA disputes can be difficult for homeowners because they often involve complex state laws and complicated HOA contracts and policies. The newness of Florida Statutes § 720.3045 may only confuse things further, as the law is still relatively untested.
We can help you review and understand your existing HOA agreement and explain how the new storage statute may affect it. We can also do the following to assist with disputes regarding the law:
- Communicate with your HOA on your behalf
- Prepare and file legal paperwork
- Negotiate compliance issues and prove you have not violated your contact
- Help you avoid costs and penalties
- Help you avoid drawn-out legal battles
- Sue your HOA for damages if necessary
How Can We Assist HOAs?
Our team’s homeowners association lawyers can help HOAs that wish to update their contracts to reflect the new storage statutes. We can also help HOAs who want to challenge the law or take action against homeowners who misinterpret their rights under the law.
We can advise HOAs on the following:
- How Florida Statutes § 720.3045 will affect current contracts
- How to update contract language to reflect the changes
- Enforcing/establishing HOA covenants under the new law
- Lien enforcement/enforcement defense
- Defense against civil lawsuits
Legal Deadlines Regarding the New Storage Statute
Homeowners and HOAs may be able to mediate their issues outside of court. However, if legal action is necessary, there is a limited amount of time to file a lawsuit based on breach of contract. In general, you have five years to pursue your case, according to Florida Statutes § 95.11.
While five years may seem like a long time, it is usually a good idea to get started as soon as possible. There could be other deadlines that affect your case based on its unique circumstances, and you do not want to lose your legal leverage.
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Contact Bogin, Munns & Munns With Your Storage Statute Questions
Bogin, Munns & Munns has over 40 years of legal experience serving clients from central Florida. We help individuals and corporations with legal issues large and small. No matter what side of the new storage statute your legal problem falls on, we can assist you with the fairness, dignity, and respect you deserve.
We have the knowledge, experience, and resources to tackle your case head-on. We also have the tenacity and trial experience to bring your dispute to court if needed. We provide quality representation at a fair price. Contact us today to learn more and schedule a meeting with a real estate lawyer near you.
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