Understanding Real Estate Deed Restrictions in Florida

Key Takeaways on Deed Restrictions in Florida

• Deed restrictions are legally binding rules that limit how property can be used.
• They may be found in the deed to the property, public records, or HOA/COA governing documents.
• Common restrictions in Florida include limits on rentals, age restrictions, business use, pets, and architecture.
• Changing or removing restrictions requires legal steps and is often challenging.
• HOA communities usually enforce restrictions more strictly than non-HOA neighborhoods.

An Introduction to Deed Restrictions in Florida

Florida property owners are often surprised to learn that deed restrictions may limit their use of their property.

These restrictions are legally binding and can affect factors such as the type of structures an owner chooses to build, to whether they can run a business from their home.

This article addresses some of the most commonly asked questions from Florida real estate investors, business owners, and growing families by providing an overview of what restrictions are, how to find them, common examples, and the options homeowners have if they want to modify or remove them.

What are Deed Restrictions?

In Florida, a deed restriction—sometimes referred to as a restrictive covenant—is a condition written into a property’s deed that limits how the property can be used.

These restrictions are legally enforceable and pass from one owner to the next. This means that even if a current owner was not party to the original transaction in which the deed restriction was created, they are still bound by it.

Typically, the purpose of restrictions is to preserve the character of a community, maintain property values, or enforce specific rules established by a developer or homeowners association (HOA)in Florida.

Consequently, restrictions often receive mixed reviews as they can sometimes feel overly limiting to property owners who want greater flexibility with their land.

Deed Restriction Meaning in Florida  

In Florida, deed restrictions, which may carry significant legal weight, refer to covenants, conditions, and restrictions that govern the use and operation of real property. These restrictions are typically contained in a declaration of covenants and are enforceable by the parties specified in the governing documents. They are considered part of the property itself—not just the agreement between previous owners. This means:

• They run with the land: Restrictions continue even when ownership changes hands.
• They can be enforced by neighbors, HOAs, or developers: Depending on how they were written, other parties may have the right to enforce compliance.
• They can be permanent or time-limited: Some restrictions expire after a set number of years, while others are perpetual.

Consequently, understanding any applicable deed restrictions is critical before purchasing property. For example, if a deed restricts commercial activity, you cannot simply decide to open a home-based business without risking legal consequences.

Courts in Florida generally enforce reasonable and unambiguous restrictions, but they are construed strictly in favor of the free use of property. 

How to Find Deed Restrictions on a Property

Many property buyers in Florida don’t realize they need to research deed restrictions before closing on a home or investment property. Luckily, there are a few reliable ways to locate them:

1. Review the property deed: Restrictions are often included in the language of the deed itself.
2. Search public records: County property appraisers and clerks of court maintain land records that include restrictive covenants.
3. Examine the HOA documents: If the property is in a community with an HOA, the Covenants, Conditions & Restrictions (master deed, declaration, bylaws, and community rules) will detail the rules.
4. Title search during closing: A title company or real estate attorney will review restrictions as part of the closing process.

Common Examples of Deed Restrictions in Florida

Restrictions can vary widely depending on the community, the developer, or the goals of the original property owner. Some common examples include:

• Building and Construction requirements: Minimum building and lot sizes, as well as requirements for the type and character of construction materials, such as paint colors, roof types, or fencing styles.
• Land userestrictions: Restrictions limiting property use to residential purposes only, such as prohibiting commercial activities or multi-family residences in areas designated for single-family homes. Other examples are preventing owners from raising livestock or using the property for certain activities.
• Architectural Controls: Prohibitions on certain structures, such as billboards, advertising signs, or specific types of fences. It also includes regulations on landscaping, such as compliance with Florida-friendly landscaping principles.
• Rental restrictions: Prohibiting short-term rentals or limiting how often the property can be rented out.
• Vehicle and parking restrictions: Banning RVs, boats, or commercial vehicles from being parked on the property.
• Animal and Nuisance restrictions: Limiting the number, size, or breed of pets allowed.
• Age and Residency Restrictions: Restrictions defining subdivisions as age-restricted communities, such as prohibiting minors from residing in certain properties or for all residents to be 55+ years old.

While these rules can protect neighborhood character, they may also conflict with the goals of real estate investors or owners who want flexibility.

Can Deed Restrictions Be Changed or Removed in Florida?

While deed restrictions can be changed or removed in Florida under certain circumstances, doing so can be complicated. While discriminatory restrictions are automatically void, non-discriminatory deed restrictions may be changed or removed in certain circumstances, including:

1. Expiration or sunset clauses: Some restrictions expire after a set time period (such as 30 years). Once expired, the restrictions no longer apply.
2. Mutual agreement: If all affected property owners agree, restrictions can sometimes be modified or removed.
3. Court challenges: In limited cases, restrictions may be deemed unenforceable if they are vague, outdated, or conflict with current laws. Florida courts have recognized that changes in circumstances or the neighborhood materially affecting the land may justify the removal or cancellation of restrictive covenants. The test applied is whether the original intent of the parties to the restrictive covenants can still be reasonably carried out or whether the changed conditions render the original purpose of the restrictions ineffective.
4. HOA amendments: If an HOA enforces the restrictions, the community may be able to vote on changes.

Deed Restrictions in HOA vs. Non-HOA Communities

A key factor in how restrictions affect property owners is whether the property is in a homeowners’ association (HOA) or not. Deed restrictions in Florida differ significantly between communities with HOAs and those without HOAs in terms of enforcement, governance, and procedural requirements.

Deed Restrictions with an HOA

• The restrictions are typically outlined in the HOA’s governing documents.
• They are usually enforced by the HOA board, often with the power to fine owners or place liens on property for violations.
• Deed restrictions in communities with HOAs may be stricter and more comprehensive, covering everything from landscaping to mailbox design.

Deed Restrictions without an HOA

• Deed restrictions are typically created by the original developer or written into the deed.
• Enforcement of restrictions without an HOA is less consistent, as it usually requires action by neighbors or other parties named in the deed.
• Therefore, it may be easier to challenge or allow for more flexibility over time.

Why Deed Restrictions Matter for Florida Property Owners

Deed restrictions are important for property owners in Florida as they serve to regulate the use, appearance, and development of real property, ensuring consistency and preserving property values.

These restrictions are enforceable and provide a framework for maintaining the character and integrity of a community or development.

Whether a purchaser is purchasing a primary residence, an investment property, or land for business purposes, deed restrictions can significantly impact their ownership and plans.

Key considerations for any real estate purchaser in Florida related to deed restrictions include:

• Effect on future value: Restrictions can either enhance or reduce resale value, depending on the market. 
• Flexibility of use: An owner’s ability to rent, renovate, or expand may be limited because of deed restrictions.
• Long-term goals: Investors should align property choices with their business models, especially if restrictions limit rentals or commercial activity.

Frequently Asked Questions

Conclusions on Deed Restrictions

Deed restrictions are a critical tool for property owners in Florida to maintain the intended use, appearance, and value of their properties, while also fostering a sense of community and protecting shared interests.

However, they may also limit flexibility for homeowners and investors. Before purchasing property, it is important for every purchaser to fully understand their rights and obligations.

At ASR Law Firm, we guide Florida property owners, investors, and small business owners through the complexities of real estate law, including deed restrictions, title matters, and closing services.

Contact us to learn more about how we may assist with understanding your deed restrictions.