Zoning, Planning And Land Use Legal Questions

Yes, you have recourse - overthrow the board and elect more fiscally conservative officers.  That is your best course of action. As far as the past spending unless the board acted outside of its powers, it is elected to make the financial decisions mentioned above.  You may have an attorney review the HOA docs to determine if you have a case against the HOA, but reasonableness of the spending is not the standard of measure.   Good Luck! ... Read More

As the current property owner, you would be responsible for getting permits for unpermitted conditions or removing the unpermitted conditions.  Get the permits as soon as possible to avoid fines from code enforcement.  However, you may be able to sue the previous owners of the property for failure to disclose the unpermitted conditions.... Read More

You will need to purchase the mineral rights from the owner of the rights who may be a different party or even several parties not including your seller of the surface.   Based on your above concerns you may want to contact an attorney to discuss your rights before closing the purchase on only the surface interest.    ... Read More

The answer to your question will be governed by the HOA bylaws or covenants.   The likely answer is that the HOA has liability.  Does the HOA have insurance?  Is there an active HOA Board of Directors?  Does the HOA assess dues and have operating money?   You should contact an attorney to discuss this issue with directly and allow him or her to review all the facts and associated documents.   Good Luck!... Read More

You have to go to the hearing and voice your objections. You may want to hire an attorney to represent you and have the attorney talk to the town.  Perhaps other neighbors also want the attorney to represent them.  If you don't hire an attorney put your concerns in rewriting as an objection and go to the hearing. ... Read More

Hi Bobbie, It sounds like you may have a cause of action against the city if the city created a condition that is causing erosion on your property.  Have you contacted the city about the issue? Is the pipe discharging runoff from rain water? When did you initially become aware of the erosion? There are special rules that govern claims against public entities, so it would be wise to move on this fairly quickly to avoid having any potential claim become time barred. Thanks,Jon... Read More

I don't see why it would not be legal.  The only thing I can think of is if the town in which you live declares your fence with the words painted on it to be a "sign" and then you have to conform with the sign ordinance.  Otherwise, I think it would be protect free speech to paint bible verses on your fence. ... Read More

I am sorry for your situation. If the street is a public street, you do not have the right to put up a "no parking" sign. The City has the exclusive jurisdiction of the City streets. If you want to try to do something about the situation, you could meet with the appropriate person at the City, explain your situation and ask the City to address the situation. Please keep in mind that the City must weigh all of the factors, facts and circumstances and to do what is in the best interests of both you and the public, so be polite and try to convey your situation in a way that is tactful and understanding. Your sole complaint may not be sufficient, by itself, to convince the City that the parking issue should be addressed, but many complaints by your neighbors might sway them. Be patient. Be diplomatic. I so not know your specific circumstances, so I am speaking in generalities. Good luck.... Read More

As a practical matter, we cannot offer an opinion on the statutes of limitation absent more detailed facts, including the identity of the affected parties.   Our firm blogs the leading easement  cases.  If you are interested, check out blog.aklandlaw.com.   If you still have questions, give us a call.... Read More

There are two potential sources of regulations: zoning and private recorded covenants.  An attorney would need the property address to provide an answer. I have reviewed many public and private regulations which would preclude any commercial activity, so there is a reasonable chance your activity is prohibited.... Read More

It is a little difficult to figure out exactly what is happening from your description.  I would think the fist step for you would be to contact your local police department and code enforcement officer to determine if the handicap space was properly placed.  A designated space cannot block access to your driveway and cannot encroach onto your property.  It is possible that the space was not properly measured or located. ... Read More

Mr. Kays, Owner may in fact own the land under the water, but it sounds like city ordinances don't allow docks over 30 feet. If this is the case, then if owner were to build a 47 ft dock it would be illegal (a code violation). The exact location of the channel and whether the state of FL has reserved any rights to channel as a "navigable water" could also be relevant.... Read More

You will have to start by looking at what your town defines as a "kennel" and if you meet that definition, then you are a kennel according to the town.  If you on't meet the definition, talk to the code enforcement officer.  Maybe this is being pushed on you because of some one complaining about noise or something else.  ... Read More

this is s complicated question and your rights will depend on some facts that are not present in your question.  Do the existing homes on the site utilize the pump station?  I'm assuming it is all connected to the municipal sewer system.  Do municipal employees access the station via you property?  Was the agreement you had with the builder reduced to writing?  Was it a specific dollar amount?  If there is a specific dollar amount you are owed, you need to protect that interest by filing some kind of lien against the property, or against future development.  Feel free to contact my office so we can have one of the attorneys speak to you. ... Read More