Homeowners Associations and Housing Restrictive Covenants in Florida
The latest developments surrounding a ban that Florida’s Suntree Master Homeowners Association wants to place on allowing sexual offenders and sexual predators to live on the property has made news headlines. This housing restriction sheds light on what rights homeowners associations and other property managers have in terms of setting particular standards for residential developments, and what measures they may take in ensuring that very particular goals are met. Specifically, the association is asking residents to amend their housing restrictive covenants and approve expanding the zone of protection of city and county ordinances in order to bar sexual offenders and predators from owning or renting there, effectively restricting offenders from residing within 3,000 feet from areas where children regularly congregate (which effectively covers the entire Suntree development). The association’s proposed policy could soon become one of the strictest when it comes to whether or not sexual offenders and predators can be banned from residential developments. Suntree Master Homeowners Association Suntree is one of Brevard County’s largest residential developments, with 4,500 households that include townhouses, apartments, single-family homes, schools, day care centers, trails, golf courses, parks, bike paths, and numerous neighborhoods (or sub-associations). Fair Housing Statutes & Housing Covenants When it comes to fair housing statutes, bans such as these are arguably legal because housing covenants tend to have a significant amount of power over what, specifically, can make up a given neighborhood. While anyone already living at the development who has been convicted of sex crimes would typically be grandfathered in; in this case, Suntree has stated that it will determine these circumstances on a case-by-case basis. Approximately one year ago, the U.S. Department of Housing and Urban Development issued guidance concerning any restrictions placed on selling or renting properties to convicted felons. Specifically, the Department was concerned that housing restrictions could end up adversely affecting particular races more than others due to the correlation between race and a higher number of arrests and convictions in general. However, when it comes to directives like those of Suntree’s, it is important to look at the specifics of what a homeowners association is proposing. By becoming a part of the association’s declaration of covenants, the restriction would likely survive a challenge under the Fair Housing Act and Florida law under the premise or general concern that sexual offenders are more likely to commit crimes in the future, regardless of race. For example, it is somewhat common for local governments to restrict registered sex offenders from living within a certain distance of a school or park out of concern for public safety, and where a state or local government has a concern, an association arguably has the right to have that very same concern. Florida Homeowners Association Attorneys At HD Law Partners, our homeowners association and property manager attorneys advise clients in Orlando, Sarasota, Tampa, and surrounding areas. We provide proactive legal representation and help ensure clients that their property interests are protected and any and all policies are in keeping with federal and state laws. Contact us today for assistance. Resource: floridatoday.com/story/news/2017/03/03/suntree-wants-ban-sex-offenders-living-there/98649004/ Tags: Florida Homeowners Association Attorney, Florida Homeowners Association Attorneys, Florida Homeowners Associations, Housing Restrictive Covenants in Florida, Suntree Posted in Homeowners Association | 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