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Thread: Does TV have Too many deed restrictions.
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Old 05-20-2024, 08:19 AM
JGibson JGibson is offline
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Originally Posted by bmcgowan13 View Post
Confusing for sure...but they kind of have a purpose.

These are commonly referred to as "zombie laws." They are put on the books knowing they are unenforceable (under today's laws) but they will return to life when/if a Court changes the law. "...prohibited within the Subdivision to the extent allowed by law" Is legalese for the zombie laws.

Think of the current abortion statues that were passed by states (even in recent years!) knowing they were unconstitutional at the time. Last year the SCOTUS reinterpreted the law--and then all those "zombie laws" (think Arizona's 1864 law) are reconstituted and are now immediately enforceable.

Clotheslines/satellite dishes/flag poles are all permitted by Florida law. A clothesline in Florida is considered a "solar collector" so an HOA cannot prohibit them--but if the state law in Florida changes and clotheslines (or satellite dishes or flagpoles) are no longer protected under the statute--the Village's provisions will kick in and clotheslines will be prohibited in the Villages. (FSS 163.04)

And--by placing the provision in our documents the community is allowed to place reasonable restrictions on their use. For instance, although they cannot "prohibit" clotheslines, a community could decide clotheslines cannot be placed in front yards. (FSS 163.04) "..such entity may determine the specific location where solar collectors may be installed..."

If our docs did not address clotheslines at all--anyone could install a clothesline beside their driveway because they are in no way prohibited.

It is not uncommon for HOA's to put these (unenforceable at the time of writing) provisions in the documents to preempt future changes in the statute.

They seem silly at the time for sure. It appears the developer or the author of the docs is out of touch but the lawyers that draft these documents are usually up on the current laws...
Great post. It seems though that some of these districts bring a lot of unnecessary aggravation and stress to all with the draconian restrictions, also the money they waste in legal fees.