My question involves an easement in the state of: Florida
I bought a property with a Zero Lot Line and the neighbor has fence right up to my house, such that I can not even get to the side of my house to maintain it. Plus it is a rental so cannot get a hold of the owner.
Reading the HOA coventents they state:
Exhitbit "C" Additional Provions Paragraph 3 states:
3) The owner of a Residential lot adjacetn to a Residentila Dwelling Unit construceted on the propery within five feet of such Residential lots side lot line .... grants to the owner of such Residential Dewelling Unit (referred to as "Zero lot line Home" an easement extending five feet from the foundation of such Zero Lot line Home ... for such owner to maintain and repair the exterior of such zero lot line home.
So according to that provision there is a 5' easement for the Zero Lot Owner can maintain there property. Normally you are not allowed to build a fence across an easement.
I called the city enforcement and they say they have no authority over it. I called the HOA and they say they say it is a civil matter between me and the neighbor.
Q1) Is the HOA responsible for enforcing its covenants or are you as a home owner responsible and
Q2) If I have to take this to court, which court;district or civil; oversees this type of action. I have filed small claims before, but not an action to make someone remove their fence. Which form do you file?

