A Florida court has ruled in favor of the Verandah at Lake Grady Homeowners Association, Inc., affirming the enforceability of community covenants against homeowners Daniel W. Davis and Melinda M. Davis. The court's decision, issued on January 13, 2023, has significant implications for homeowners and associations regarding the binding nature of recorded covenants and restrictions.

The dispute began when the Davises, who had lived in the Verandah at Lake Grady subdivision for ten years, sought to remove the Declaration of Covenants, Conditions, and Restrictions (CCRs) that burdened their property. They argued that the CCRs were invalid because they were not recorded before the sale of their lot. However, the court ruled that the CCRs were enforceable, as the Davises had acknowledged their existence and agreed to them at the time of purchase.

Background

The case, Daniel W. Davis and Melinda M. Davis v. Verandah at Lake Grady Homeowners Association, Inc., was filed under docket number 2D21-1387. The Davises purchased their property from Carter Home Development, LLC, in May 2008. At the time of purchase, they received a homeowner's association summary disclosure that stated all property owners would be obligated to adhere to the CCRs.

Despite being informed about the deed restrictions, the Davises lived on their property for a decade without challenging the CCRs. In 2018, when they decided to sell their lot, they requested the Association to remove the CCRs, claiming that the lack of recordation invalidated them. The Association denied their request, leading the Davises to file a lawsuit seeking a declaratory judgment and a quiet title action to free their property from the restrictions.

The Ruling

The District Court of Appeal of Florida reviewed the trial court's decision to grant summary judgment in favor of the Association. The court found that the Davises had actual and constructive notice of the CCRs before purchasing their lot and had agreed to be bound by them. The court stated, "The language of the deed indicate[d] the parties' intent for the CCRs... to bind the Davises' property."

The judges, including Judge Sleet, affirmed the trial court's ruling, stating that the Davises did not present any genuine issues of material fact that would warrant a different outcome. They emphasized that the Davises had acknowledged the CCRs and had lived under their restrictions for ten years.

Impact

This ruling has important implications for homeowners and homeowners associations across Florida. It reinforces the idea that homeowners cannot easily disavow recorded covenants and restrictions after having acknowledged them at the time of purchase. The court's decision upholds the enforceability of CCRs, emphasizing that homeowners must abide by the agreements they entered into when purchasing property.

The ruling also highlights the importance of understanding the implications of property deeds and the associated covenants. Homeowners should be aware that even if certain restrictions are not recorded before the sale, their acknowledgment and acceptance of those restrictions can still bind them legally.

What's Next

The Davises may have the option to appeal the court's decision, but details regarding any potential appeal were not available in the court filing. There is no indication of any related cases pending that would affect this ruling.