![]() Boards must make ‘reasonable accommodations’ for any disabled resident who requests it-provided the accommodation neither causes an undue financial or administrative burden on the housing provider, nor requires a fundamental alteration to the development’s premises or function. The Americans with Disabilities Act (ADA) of 1990, the Fair Housing Act (FHA) of 1988, and Section 504 of the Rehabilitation Act of 1973 protect the right of people with disabilities to keep such animals in their dwelling as long as that animal performs a specifically trained task, or provides assistance or aid that allows the disabled person the use and enjoyment of their home equivalent to that of a non-disabled person. Most buildings and associations have a lease or declaration provision that prohibits at least certain types or sizes of animals, but even with established pets clauses, co-ops, condos, and HOAs must make concessions for residents who use service or support animals. We have also blogged about covenants regarding non-competes.One of the most contentious issues in multifamily buildings may be that of pets. We have previously blogged about specific performance in real estate contracts. This statute was discussed and explained in the Rauch, Weaver case. To read this restrictive covenant law for free, CLICK HERE. There is a Florida statute on restrictive covenants. This opinion is from the case of Rauch, Weaver, Norfleet, Kurtz & Co., Inc. But what about a Florida real estate broker commission? To read this 4th District Court of Appeal opinion on a real estate contract restrictive covenant, CLICK HERE. Most of those restrictions in a Florida non-compete need to be reasonable as to duration (time) and geography (location). Such as soliciting or accepting business from your former company’s clients when you leave. They restrict an employee from doing certain things, typically when they leave employment. ![]() Non-competes are typically found in employment contracts. In the employment context, many of you know about non-competes. It supposedly benefits your neighbors and it burdens your land or house. What if agree with everyone in your housing development not to build higher than 3 stories? In real estate law, sometimes that is referred to as a restriction that “ runs with the land.” It can be passed down to future owners. Florida Restrictive Covenants can be thought of as rights which are granted to another. They may involve land or something very personal like services. Restrictive covenants are serious promises or limitations which one party agrees to. And while aspects of contract law are pretty clear in Florida, people may know less about restrictive covenants. Houses, condos, warehouses are built, renovated and sold, and re-sold, hundreds of times. Palm Beach’s 4th District Court of Appeal Restrictive Covenants in Floridaįlorida sells a lot of real estate. ![]() If you are involved in Florida contract litigation, is your restrictive covenant valid or void? Restrictive Covenants. The 4th DCA issued its opinion regarding a Broward County real estate commission dispute. ![]() Restrictive covenants in Florida contracts were front and center on March 17, 2021. ![]()
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