QUESTION
My HOA is constantly inconveniencing me. What can I do to stop this?
Asked on Aug 31st, 2012 on Real Estate - Florida
More details to this question:
Like the question states, my HOA is constantly inconvenicing me and the other homeowners in our condo complex. Last year they cut our power off for 2 days to fix the electrical meters. They wound up not fixing them because they didn't need it. Last Thursday they cut my power off for 8 hours for the same reason. Just today I get a notice they're cutting our power off for 48 hours again to "fix the meters". I live in South Florida where it is constantly hot. I can't sustain myself, my 2 kids, and husband in a house with no air or power. So that leaves us having to go to a hotel. This also means my oldest daughter is going to miss up to 3 days of school since her school starts at 9:30, my husband works at 8, we have 1 vehicle, and she'll have no means to get to school. What can I do? I really find it unfair that I should have to pay maintenance fees for the month because i'm basically being forced out of my home and stay at a hotel.
1 ANSWER
Probate & Trust Attorney serving Sarasota, FL
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Christopher K. Caswell, P.A.
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Generally, the management of your Association (condominium or homeowners) has responsibility of maintaining and repairing certain elements of Association common property. If they are doing something wrong, then your board should take action against them and replace them if that is appropriate. But your connection with management is through the board and you should first try to address your question to the board. If the board is not doing its duty, you may have action for some breach of their fiduciary duty to you, but this could be a difficult path. You could also rally other homeowners to try to convince the board to take some action, and if they do not take the action that the majority is happy with, they can be replaced by majority vote at the next annual election.
This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.
Answered on Sep 04th, 2012 at 9:11 AM