HELP!!! restrictive covenant on fence

[myfence]

What is the name of your state? Florida

We recently moved to the state of Florida and purchase a townhouse. It is a small 11 units townhouse community, and the real estate agent did not mention anything about a covenent through out the sale of the townhouse. The majority of the units were already fully or at least partially fenced in.

Actually, the only two units that did not have a fence seperating the adjacent backyards were our unit and the end unit adjacent to us. Our neighbor on that side has been acting like our landlord instead of a neighbor since day 1. We finally put up a fence between our two backyard earlier this month. We were then informed that there is a covenant recorded prohibiting fences. We looked at our deed and that covenant (which county book it was recorded) was mentioned in it. We were just so busy signing all the paper during closing that we did not even notice it.

However, since 9 units out of 11 have fully or partially fenced in backyard (some looks like they have been there for years), should this clause in effect be already terminated by abandonment? Our neighbor is taking action leading up to a civil suit against our fence right now. I tried to look up, and I found one case in RI in favor of us. Anyone knows about Florida?What is the name of your state?

 

[IndianaOwner]

Covenants can be changed. As such if 9 out of 11 units have fences and you want one as the 10th unit owner...change the covenants. You'd have the votes! Explain to the others that by that one owner preventing you from having a fence would "require" the removal of all the other fences...that will get them to sign the change to the covenants.

 

[myfence]

Thank you, IndianaOwner. We are planning to do that. However, there is no active homeowner association. The covenants have been walked all over and no one has cared up to this point. Seven out of eleven units are occupied by renters, and one of them is owned by a LLC or Inc. There has never been a homeowner association except on the paper. Though there is maiingl addresses on the county tax role, we do not know how enthusiam the others would react to our request to officially throw out the clause. Our mailing request could be discarded as junk mail. We need 9 votes to void that clause, and if more than one other owners delay or not taking any action, our case will still end up in court.

Does anyone know where I can find the Florida law governing restrictive covenant? Would the precedences repeated set by others owners be good enough for our defense and allow us to keep the fence? I really do not to lose my fence so that my neighbor could walk over when we are enjoying ourselved in our backyard and for him to start another conversation with "I do not mean to be nosy, but..."

Any help is appreciated.

 

[IndianaOwner]

Just get your hose out and squirt them if they come over...

 

[NeedingHelpNow]

Details on CT case

Can anyone (myfence or other) tell me where to find the details on the RI case the user "myfence" references below?

"We recently moved to the state of Florida and purchase a townhouse. .... The majority of the units were already fully or at least partially fenced in......9 units out of 11 have fully or partially fenced in backyard (some looks like they have been there for years).....Our neighbor is taking action leading up to a civil suit against our fence right now. I tried to look up, and I found one case in RI in favor of us."

My case is exactly like this and I am in that District.

Thanks!

 

[lizjimbo]

Find the owners

IF the majority of the units are rentals just go to the commissioner of revenue (tax collecter) in you town or county and find out who owns the properties. You should be able to get their addresses and then you contact them to assist in revising the covenants. Don't you just love realtors.