The enforcement of restrictions against property improvements that are in violation of association covenants can become very contentious in single-family home communities. While most of these disputes are between a homeowner seeking approval for alterations and their association’s architectural review committee, some of the cases stem from third-party unit owners who become dissatisfied with their association’s decisions.
A recent ruling by Florida’s Fourth District Court of Appeal involved just such a dispute brought by a homeowner who was disappointed with his association’s approval of a neighbor’s new garage. In Miller v. Homeland Property Owners Association, the appellate panel affirmed the lower court’s partial final summary judgment in favor of a homeowner that had secured the association’s prior approval and built the garage on his property.
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