Florida Court Says HOA Restrictive Covenant Doesn’t Give a Neighbor Veto Power

This case involved a dispute between neighboring townhouse owners over a yard lighting system installed by one of the neighbors that the other neighbor strenuously objected to. The homeowners association governing documents included a restrictive covenant that pertained to landscaping, lighting, and service courts. The relevant provision that became the focus of the case states is entitled “Ostentatious Site Features” and states:

The construction of ostentatious site features such as topiary, sculpture, free standing fountains in the foreground of townhouses or lighting systems which may be offensive to adjacent neighbors is unacceptable.