Landlords & Homeowners Association Dealing With Objectionable Conduct
There have been a number of disputes around the country of late between landlords and homeowners associations and tenants/homeowners of late over what rights homeowners have to display particular items; for example, flags that others may find offensive. As a result, we thought we would provide some background on what rights both landlords and homeowners associations have in limiting certain types of displays in communities. When these types of disputes reach litigation, landlords typically file a claim arguing that tenants contractually gave up any free speech rights by their execution of the lease agreement, which bans objectionable conduct; the unreasonable conduct being actions that are unreasonable in character. In the instance of homeowners associations, buyers agree to certain restrictive covenants when they purchase their home, which associations then have the right to enforce. Landlord-Tenant Dispute over Flag Display In the most recent case of the man who hung confederate flags outside of his apartment window, the landlord claimed a tenant hanging Confederate flags outside of his apartment windows with a spotlight on them was particularly unreasonable, objectionable conduct in light of the wake of recent activities in Charlottesville, Virginia. Specifically, he claimed that the conduct was prohibited and creates a clear and present danger to the building, its residents, and the community at large, all of whom have expressed fear of physical attack due to the flag display. A rock has already been thrown through the window in response to the flag display, and police have had to patrol the area for the past several days after protesters expressed discontent in front of the building. Failing To Abide By HOA Restrictive Covenants Unfortunately, these disputes are rather common: neighborhood squabbles erupt over outside decorations on homes in associations and apartments quite frequently; even over such items as planters and paintings. These types of issues often arise when buyers and renters do not do enough research before moving in. When the community covenant lays down a law on lawn decorations, it has a duty to enforce its restrictions on everyone, equally. Many of these restrictive covenants go into exacting detail on the amount of plant material that can be in a yard, colors that can be used on houses, roofs, and gutters, whether residents can have gazebos, etc. The first step that an association typically takes is informing residents that they can request a hearing or, if not, they need to address the issue within a specific timeframe. Failing to do so could cause the association to come under attack for negatively affecting another resident’s ability to sell their homes. Homeowners’ Association & Landlord Attorneys Serving Florida At HD Law Partners, we represent landlords, homeowners’ associations, and condominium associations who need to enforce requirements in their contracts. Our attorneys provide knowledgeable, proactive legal representation you can count on. We have over 40 years’ combined experience, and the expertise to help ensure your property’s interests and assets are protected. Contact us today to find out how we can help. Resources: www.macombdaily.com/article/MD/20170824/NEWS/170829809 nypost.com/2017/08/21/landlord-drops-suit-against-tenant-with-confederate-flags/ Tags: Florida HOA/Property Management Attorney, Florida HOA/Property Management Attorneys, Florida Landlord-Tenant Disputes Posted in HOA/Property Management | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us