Understanding Deed Restrictions and How They Impact Property Use in Florida

When purchasing property in Florida, buyers often focus on the location, size, and price, but deed restrictions can significantly impact how a property can be used. These legally binding limitations are written into property deeds and can affect everything from building size to the types of activities permitted on the land. At Bleakley Bavol Denman & Grace, we can help Florida property owners and potential buyers to avoid future legal disputes or costly mistakes.

What Are Deed Restrictions?

Deed restrictions, also known as covenants, conditions, and restrictions (CC&Rs), are provisions attached to a property’s deed that limit or dictate its use. These restrictions are typically established by developers, homeowners’ associations (HOAs), or previous property owners to maintain a specific aesthetic, ensure uniformity, or protect property values in a community.

For example, common deed restrictions in Florida might include:

• Prohibiting commercial activity on residential properties.
• Restricting the type or color of exterior finishes on buildings.
• Limiting the height, size, or placement of structures.
• Regulating pet ownership or the type of pets allowed.
• Mandating landscaping requirements or prohibiting specific plant species.

These restrictions are legally enforceable, and failing to adhere to them can result in penalties, fines, or even lawsuits.

How Deed Restrictions Impact Property Use

Deed restrictions can significantly shape what a property owner can and cannot do. Here are a few key ways they impact property use in Florida:

1. Development and Construction

Deed restrictions may dictate how you can build or renovate a property. For instance, they might limit the height of a home, the placement of outbuildings, or the types of materials you can use. For buyers planning to build or make significant modifications, reviewing these restrictions is crucial to avoid conflicts with local ordinances or neighbors.

2. Land Use

Some deed restrictions define how a property can be used. A deed may prohibit running a business from your home, even if zoning laws permit it. This is common in residential communities aiming to preserve their character.

3. Environmental and Landscaping Requirements

In areas with environmental considerations, deed restrictions may regulate landscaping, tree removal, or even dictate eco-friendly building requirements. These restrictions are especially common in planned communities or near Florida’s wetlands and protected areas.

4. HOA Enforcement

If the property is part of a community governed by an HOA, the deed restrictions often work in tandem with the association’s bylaws. HOAs can enforce restrictions through fines or legal actions, making compliance critical.

Can Deed Restrictions Be Challenged or Modified?

While deed restrictions are legally binding, there are situations where they can be challenged or modified:

• Expiration or Obsolescence: Some restrictions have expiration dates, while others may become unenforceable over time due to changes in the community or local laws.
• Legal Challenges: If a restriction violates public policy or state law, it may be invalidated by a court.
• Community Action: In an HOA-governed community, members may vote to amend or remove outdated restrictions.

However, these processes can be complex and often require legal assistance.

Why Reviewing Deed Restrictions Is Critical

At Bleakley Bavol Denman & Grace, our Tampa Real Estate & Land Use Attorneys help Florida property owners and buyers navigate the complexities of deed restrictions and other real estate legal matters. Contact us today to ensure your property purchase or project proceeds smoothly and in compliance with all applicable restrictions.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=display_statute&URL=0700-0799/0720/0720.html