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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4071
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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as an owner of a condo in boca raton fl. should i have been

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as an owner of a condo in boca raton fl. should i have been given a copy of our governing documents. if not can i get copies. a was told by the association lawyer at our meeting that the bylaws booklet each owner has is not the same, but has different rules. i ask this because at this meeting i brought up the issue of a rented condo next to mine. there are 4 unrelated foreign workers living there. my booklet states that no more than 2 unrelated people can rent or live in my community. i was told by this lawyer that this rule is not in the governing docs.
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.
As an owner, you are entitled to the most current version of the Condominium Agreement and the most current edition of the by-laws. When the association lawyer is referencing the fact that the bylaw booklets that each owner has may not be the same, he is revealing that there have been amendments to the by-laws. Nevertheless, you are entitled to obtain a copy by simply requesting it from the lawyer, which should be a non-controversial matter.

In regard to your problem with your neighbor, I would be sure to check the rules and the agreement to see if it is indeed a violation. If it is a violation, then look in the agreement and the bylaws for procedures for reporting violations. It will likely involve either (1) serving a written complaint on the association and the owner, or (2) making a formal complaint at the association meetings. It wouldn't to do both.
Customer: replied 2 years ago.
it went off befor i finished reading it
Expert:  TexLaw replied 2 years ago.
I'll repost:

As an owner, you are entitled to the most current version of the Condominium Agreement and the most current edition of the by-laws. When the association lawyer is referencing the fact that the bylaw booklets that each owner has may not be the same, he is revealing that there have been amendments to the by-laws. Nevertheless, you are entitled to obtain a copy by simply requesting it from the lawyer, which should be a non-controversial matter.

In regard to your problem with your neighbor, I would be sure to check the rules and the agreement to see if it is indeed a violation. If it is a violation, then look in the agreement and the bylaws for procedures for reporting violations. It will likely involve either (1) serving a written complaint on the association and the owner, or (2) making a formal complaint at the association meetings. It wouldn't hurt to do both.
Expert:  TexLaw replied 2 years ago.
Just to further clarify, as I see that you've already started the complaint process, if the association refuses to honor the rules in the by-laws or do anything about the violations, you can pursue legal action against the association to enforce the agreement by seeking an injunction. In Florida, a succesful claim will allow you to recover attorney's fees, as this would be a breach of contract between you as an owner and the association. Please let me know whether you need any further information or if there is any follow up questions I may answer. Thanks, XXXXX XXXXX Norris
Customer: replied 2 years ago.
do i have a valid issue and recourse with my condo assoc in your opinion and should i obtain an attourney
Customer: replied 2 years ago.
i was told our book of rules was subsumed by the declaration . he kept reffering to this . i do not know what this is and i was not given a copy. what is the nomenclature for the rules of a condo?
Expert:  TexLaw replied 2 years ago.
A "declaration" is simply another set of rules and agreements that the association and owners must abide by. If the rules were subsumed, that means that the declaration controls and contains the rules that the owners must abide by. You need to get a copy to check to see that the referenced limitation is still a rule.

I assume that the portion of the by-laws that you have that state that no more than 2 unrelated people can rent or live in the community has not likely been changed. Also, there may be local zoning codes which limit the amount of people per bedroom unit in a multi-family complex such as a condominium complex. I do think you have a valid claim to enforce the condo agreement for violation of the by-laws by a co-owner. However, unless you are experiencing some sort of quantifiable damage, such as disturbance of your peaceful enjoyment or the neighbors are doing something that is costing you money, then I would advise trying to get the association to act by persuading other neighbors in the community to file similar complaints with the board and sending a stern letter by certified mail to the board and to the owner of the violating unit, stating that if they do not comply with their obligations under the by-laws, then you will pursue legal action. If those tactics fail, then I would think the next step would be to see an attorney. Of course, you can hire an attorney to do this for you and if there is indeed a violation by the people in the next door unit, an attorney will be able to enforce the condo agreement for you.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4071
Experience: Lead trial/International commercial attorney licensed 11 yrs
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