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We are a condominium association that falls under FS 718 in Florida The association maintains the buildings and common ground. Our common ground borders a golf course. This is a separate corporation. There is a pond behind some of the villas that is necessary for run off water mainly from the golf course. There is a retaining wall between the pond and the association property. 90% of the retaining wall is on the property owned by the golf course . Some of the berm behind the retaining wall is also owned by the golf course. Initially the golf course and the condominium property were owned by the developer. The developer built the retaining wall for the pond and also to add additional villas.. The wall is now a hazard and needs to be replaced. Who is responsible for replacing the wall. The 36 villas in the association or the golf course members.
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Probate & Trust Attorney serving Sarasota, FL
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Christopher K. Caswell, P.A.
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The answer to your question depends on facts and circumstances and documents that will need to be reviewed. As you are Association, I strongly urge you to consult with an attorney to review all of this and give you specific advice. I think the board has a fiduciary duty to the owners to get proper guidance and counsel answer this question.
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 Aug 20th, 2012 at 8:58 AM