REAL ESTATE: RESTRICTIVE COVENANTS: RULES OF CONSTRUCTION: COVENANTS THAT RUN WITH THE LAND MUST BE CONSTRUED IN FAVOR OF THE FREE USE OF REAL PROPERTY: AMBIGUOUS COVENANTS MUST BE CONSTRUED IN FAVOR OF LANDOWNER: PROVISION THAT BUILDINGS, FENCES, WALLS OR OTHER STURCTURES, AND EXTERIOR ADDITIONS TO OR CHANGES OR ALTERATIONS THEREIN WERE SUBJECT TO APPROVAL OF BOARD OF DIRECTORS OF HOMEOWNERS ASSOCIATION OR ARCHITECTURAL REVIEW BOARD WAS EITHER INAPPLICABLE TO SOFTSCAPE CHANGES TO HOMEOWNER’S FRONT YARD OR WAS AMBIGUOUS AND UNENFORCEABLE

Bendo v. Silver Woods Community Association, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D358 (Fla. 5th DCA February 6, 2015)

The association approved the homeowner’s proposed hardscape changes to his front yard but disapproved his proposed softscape changes because they did not include a grass lawn. Based upon its interpretation of a restrictive covenant, the trial court … Click To Read Full Case Law Review...