QUESTION

What adverse consequences can I point out to persuade my HOA to cure a violation of the rules/regulations/bylaws they are responsible for enforcing?

Asked on Jun 07th, 2012 on Real Estate - Florida
More details to this question:
The owner of the unit directly above me removed the carpet in her unit after Hurricane Wilma, sanded the wood sub floor and is currently using it as the finished floor. The HOA documentation states carpeting/soundproofing is required. At the time of the violation, my unit was not occupied and when I returned I addressed the violation in person with the unit owner and then in writing with the HOA. To date, I received only a verbal answer from the management company, saying the issue is between unit owners and not the association''s responsibility. What can the HOA be held liable for in this case? I want to paint a picture of a worst case scenario to persuade them to cure the violation instead of facing me in litigation. I want to be certain before I proceed.
Report Abuse

1 ANSWER

I strongly urge you to hire counsel to pursue this.  I think the first step is to provide written notification to the Board, and you probably will need to cite statutes and applicable provisions of the association documents.  That is why you need a knowledgable attorney.  Also, since you mention an upstairs unit, I assume you are dealing with a condominium association and not a Homeowners Association as you indicate.  This can involve a higher level of fiduciary duty on the part of the board, and I think it is in appropriate for the property manager to give you the response that he or she gave.  Ultimately, it may be necessary to file a complaint with the Florida state regulatory division for condominiums, and maybe also against the property manager if they have given you advice that is wrong.  It is primarily up to the Board to enforce the regulations of a condominium, but if they do not, you may need to also file a private enforcement action.  An experienced condominium attorney can advise you about that. 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 Jun 07th, 2012 at 3:23 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters