In short: In Fiore v. Hilliker (2d DCA, Mar. 13, 2015), Lee County neighbors fought over whether hedge-height restrictions had expired in 2004 or were extended by a 1989 amendment. The Second DCA reversed summary judgment for the owner. Whether the amendment bound land sold in 1985 depended on what the original parties intended, and that was a fact question.
The Facts
Developer James Spivey owned The Shallows subdivision and nearby land. In 1984 he recorded restrictions to run 20 years from conveyance.
In 1985 he deeded the disputed parcel and Lot 11 to the Sonns, subject to the Shallows restrictions referenced in a schedule to the deed. In 1986 he sold the adjoining property to the Fiores.
In 1989 a recorded amendment extended the restrictions by 10 years. In 1998 the Sonns sold to Richard Hilliker subject to restrictions of record.
The Fiores sued in 2002 to enforce hedge-height limits and won; the Second DCA affirmed in 2011.
In 2013 Hilliker sought a declaration that the restrictions expired in 2004 and that the 1989 amendment did not bind his parcel. The trial court granted summary judgment for him. The Fiores relied on a clause reserving the developer’s right to amend without the grantee’s consent.
The Decision
The Second District Court of Appeal reversed and remanded (Case No. 2D14-1872, March 13, 2015; opinion by Senior Judge Charles A. Davis).
Whether a later amendment binds land conveyed earlier turns on what the original grantor and grantee intended about future amendments. Neither the deed’s reference to the restrictions nor the reserved-amendment clause showed that intent clearly enough to decide on summary judgment.
The court read its earlier decision in Greenbriar Condominium Apartments II Ass’n v. Koch and the Florida Supreme Court’s decision in Angora Enterprises v. Cole as both resting on the parties’ intent. It did not decide whether parties can agree to be bound by unilateral future amendments to incorporated documents.
The Law
Restrictive covenants are construed like contracts. When the language is ambiguous, intent becomes a question of fact.
Florida’s Marketable Record Title Act (ch. 712) can extinguish old restrictions not preserved in the chain of title; it was amended in 2018 on preserving and reviving covenants. Chapter 720 governs HOAs where one exists.
Summary judgment practice changed in 2021 when Florida adopted the federal standard, so the 2015 “any doubt” reasoning no longer controls.
Lessons
- If restrictions are meant to bind future buyers of every lot, say so clearly in the deeds and the declaration, including whether future amendments apply.
- Check expiration dates. Many older subdivision restrictions run for fixed terms.
- A reserved right to amend may not reach land the developer already sold.
- Neighbor disputes over hedges and views can last decades; get the documents right at the start.
Source: Opinion, Fiore v. Hilliker, No. 2D14-1872 (Fla. 2d DCA Mar. 13, 2015)
Watch the Oral Argument
This is the recording of the oral argument. The video description spells the parties “Fiori v. Hiler”; the caption is Fiore v. Hilliker. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Restrictive Covenants & Amendments | Fiore v. Hilliker, 2D14-1872
Go Deeper
- A Condo Developer’s Default Did Not Mean a Guarantee for Every Unit (Merco Group at Akoya v. General Computer Services)
- Who Owns the Spa and Lobby? Condo-Hotel Rights on Appeal (North Carillon v. Z Capital)
- No Written Easement, No Parking Access: Condo Loses Driveway Claim (Miami Beach Club v. RDR)
Frequently Asked Questions
Can a developer extend deed restrictions after selling a lot?
It depends on what the original deed and restrictions show about future amendments. Fiore held that intent was a fact question.
How long do Florida deed restrictions last?
As long as their terms say, subject to the Marketable Record Title Act and any valid extension.
Are restrictive covenants enforced like contracts?
Yes. Courts look at the language and the parties’ intent.
What is a reserved right to amend?
A clause letting the developer change the restrictions, which may or may not bind land already sold.
Talk to a Florida real estate litigation lawyer
Weidner Law, P.A. handles Florida real estate, landlord-tenant, condominium and property disputes from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Statutes and court rules are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
