Question:
After July 1, 2024 will my HOA be able to prohibit the parking of an RV or boat trailer in my driveway?
We live in St Johns County Florida.
The 2023 Florida Statue Section 720.3045 permits the parking of RVs and boats on a trailer our property if it cannot be seen from the front view of the residence. Our HOA indicates if the “adjacent neighbor” is able to view the vehicle they will not allow RV or trailer parking.
On July 1, 2024 Florida CS/HB 1203 will allow Florida residents of the HOA governed community to park a personal vehicle such as a RV or boat trailer on their property. My read is the HOA may not prohibit a personal (private) vehicle from parking in the private driveway of a residents home.
Florida classifies a personal vehicle as a motor vehicle. 320.01 Definitions, general.—As used in the Florida Statutes, except as otherwise provided, the term:
(1) “Motor vehicle” means:
(a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power.
St Johns County Code Enforcment codenf@sjcfl.us. All recreational vehicles, boats and utility trailers must be parked or stored in a required rear or side yard. SJCFL Parking Ordinance: Personal vehicles should be parked 25 feet from the street and 3 feet from the property line.
Our homeowner association is doing whatever they can to continue to prohibit the practice of this type of parking in our neighborhood. What are my options? Thank you.
– Lee
Answer:
Hi Lee,
Section 720.3045 of the new HB 1203 states that: “Regardless of any covenants, restrictions, bylaws, rules, or requirements of an association, and unless prohibited by general law or local ordinance, an association may not restrict parcel owners or their tenants from installing, displaying, or storing any items on a parcel which are not visible from the parcel’s frontage or an adjacent parcel [emphasis added], an adjacent common area, or a community golf course, including, but not limited to, artificial turf, boats, flags, vegetable gardens, clotheslines, and recreational vehicles.”
This means that HOAs may prevent homeowners from parking these vehicles if they are visible from the parcel’s frontage, to adjacent parcels, adjacent common areas, and community golf courses. The HOA’s restriction based on the adjacent neighbor’s view may be valid as the section specifically includes adjacent parcels. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
