Florida Senior Fights HOA To Keep Backyard Shed That’s Been There for 40 Years

An 83-year-old Sarasota, FL, homeowner is being told to remove a backyard shed that’s been on her property for 40 years—or face legal action from the neighborhood homeowners association.

Barbara Wagner's daughter, Sue Inman, tells Realtor.com® that her mother has received two letters from the Gulf Gate Community Association about this matter since March, and that it's affecting her mom's mental and emotional state.

"She's been getting very upset," says Inman. "I told her I would take care of it, and I'm not playing games."

This dispute started on March 6, when Wagner received a letter from the Gulf Gate Community Association. It said that her backyard shed violates community deed restrictions, and demanded that it be removed within 10 days.

On April 22, a second notice warned that Wagner could face legal action if the shed is not removed. But the shed has been there since 1986—and Inman says it holds deep sentimental value for her mother.

"My dad died on Thanksgiving morning of 2013," she says. "She still has the original receipt from when they bought the shed. That's tied to her memories."

Inman says her mother is in a vulnerable state, as she is handicapped and has to use a walker.

"I think they are targeting and harassing an 83-year-old disabled widow," she adds.

Inman contacted a local reporter at WTVT, who covered their situation in a story that generated hundreds of comments on social media—many of which said the shed should be left alone and grandfathered in.

Wagner told WTVT: "I didn't bother anybody. I can't see why this shed is a bother to anybody."

She also said she has never joined the association or paid any dues.

The Gulf Gate Community Association tells Realtor.com, "We are working with Ms. Wagner and her daughter for a mutually acceptable solution."

A lawyer's take on the matter

From a legal standpoint, this dispute raises questions about enforcement timelines and homeowner protections.

"Forty years of non-enforcement is Mrs. Wagner's strongest defense," says Florida attorney Chad D. Cummings of Cummings & Cummings Law, who is not involved in the case but has examined the situation. "But Mrs. Wagner will need to hire an attorney and take the HOA to court seeking a declaratory judgment or injunction to that effect. Her attorney, no doubt, will look for other instances of unpermitted structures and inconsistent enforcement. Her argument, in essence, would be that the HOA knew or should have known about a visible backyard structure for four decades and took no action until March 2026."

Cummings says Florida courts will examine whether that delay caused prejudice to the homeowner—which he believes it did.

"Mrs. Wagner's husband relied on that shed for decades," says Cummings. "He is now deceased. The structure predates many current board members' residences. A court should find that the association slept on its rights and forfeited enforcement authority as to this specific structure."

Realtor.com found that 43.6% of homes listed for sale in the U.S. last year included an HOA fee—underscoring how common these associations have become. Cummings says HOAs are given wide-ranging authority.