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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 14451
Experience:  15 years exp all aspects of general law
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Hi I was reading a question you answered similar to our situation

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Hi I was reading a question you answered similar to our situation about being singled out in a condo sale to a new buyer situation. The board is stalling the app process and all info is in approval from bank, background check etc.. they have had it for weeks Please help me
Submitted: 2 years ago.
Category: Legal
Expert:  Legalease replied 2 years ago.

Hello there

 

Is there any chance you can copy and paste a link to the previous question I answered in your next response box below ??

 

If that is impossible, can you give me some better detaos of your own situation and I can try and find that answer myself?

 

Thanks,

 

MARY

Customer: replied 2 years ago.

Customer Question

We live in a condominium of 20 units in Coconut Grove, Florida.
Our 1981 condo documents say the acceptable hurricane protection is the vertical metal shutter.
5-6 years ago, two unit owners, both on the board at the time, put up Armor Hurricane screens.
I cannot find the minutes where board approval was requested, or recieved. One unit owner stipulates the board approved them.
They were never asked to remove them, fined, or placed in violation.
Last March I, and my neighbor, made a presentation to the board regarding the screens and I emailed the President of the board that we were going to pull permits and have them installed.
The board meeting was adjourned with no decision. We never received an approval or denial from the board.
Seven months later we installed the screens with permits. The Building Manager, also the secretary/treasurer on the board, was aware of the permits and the installation. Nothing was said. We have received nothing formal from the board regarding our screens.
The only "permanent" parts of the screens are the screws in the floor and ceiling. These are the same screws needed by the vertical shutters. There are no tracks like those needed for the vertical shutters. The screens go up before a storm, and come down after a storm.
All information regarding these screens can be found at Hurricanefabric.com.
One of the units has since sold. The screens were not an issue in the sale.
I now have my unit on the market, have a buyer, accepted the offer. He met with the president and secretary/treasurer of the association and was told the closing would be delayed until the issue with the screens was resolved...they needed to come down.
There have been numerous issues of selective enforcement in this building and I believe this is just one more example. If we lose the buyer because of this, do we have grounds for a lawsuit?
Your advice on this matter would be greatly appreciated as we have a board meeting on Tuesday night, the screens are on the agenda, and I have been told by one of board members that she and the president are going to go after every "violation" in the building.
These are the two members who met with our prospective buyer.

Submitted: 233 days and 8 hours ago. Category: Real Estate Law Value: $79 Status: CLOSED

Optional Information

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State/Country relating to question: Florida

Accepted Answer

Hello.

 

Actually, under these circumstances, I do believe that you would have grounds to sue if you lose the sale because of this. If yours was the only unit that had these particular screens and the board suddenly decided to enforce the condo documents against you, there really would not be much you could do about it except to go back and comply with their wishes if they wanted you to abide by the original condo documents. However, because these screens were installed on at least one other unit and nothing was said or done while that owner owned the unit and sold the unit, you do have an argument here for selective enforcement against the HOA board if they start trying to make you make changes to the hurricane protection at this late date in the game. My suggestion is to go to this meeting and make this very argument -- first, it is a case of selective enforcement because nothing was done about the other unit all of these years AND because nothing has been done in all of these years regarding the change of the screens, the board has pretty much acquiesced to the changes that were made so many years ago and now they are trying to create a hardship for you at this late date. If that doesn't seem to work, I suggest that you consult with a local lawyer and ask the lawyer to send them a "cease and desist" letter to stop saying negative things and threatening your potential purchasers and if you lose the sale, you will take legal action against the board. To find a local attorney for these matters, you should contact your local county bar association -- they all have referral services that will refer you to several lawyers in this specialty in your area.

 

 

Expert:  Legalease replied 2 years ago.

Hello again

 

Thank you for the re-post of myearlier question -- now, can you tell me more about your owners association and the problems you are presently experiencing so I can review everything together?

 

 

THANKS
MARY

 

Legalease, Lawyer
Category: Legal
Satisfied Customers: 14451
Experience: 15 years exp all aspects of general law
Legalease and 2 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

Hi I accidentally hit accept before we were finished sorry about that I will kindly wait for your response. Thanks!

Expert:  Legalease replied 2 years ago.

Hello again

 

You are on a subscription plan so you can hit accept more than once during the one month trial period and you will NOT be charged additional money for pressing accept above .

 

SO, what is it in your condo or on your property that you installed that the condo board suddenly does not like -- and how long has this "something" been on your property now prior to the board wanting to take action by basically stalling a legitimate sale -- and finally, do any other owners have the same installation that you have that they were allowed to have on the property and no one on the board seemed to care until now??

 

--MARY

Customer: replied 2 years ago.
Hi thanks . Actually nothing is installed I was just reading that other comment where their board was trying to block the sale as in our case. The want to block our sale just out of spite i feel . They would love nothing more than to see us lose the buyers and go into foreclsosure. Unfortunatley, these are the type of cruel individuals that try to control the building. Not all people that live there are like that. Some others have been harrased by them as well.
Expert:  Legalease replied 2 years ago.

Hello again

 

Does the board have any specific objections to you selling your condo?

 

Are they objecting to the people you are selling the condo to?

 

--MARY

Customer: replied 2 years ago.
No not really anything specific buyers checked out perfectly bank aready approved they just want to see it go into foreclosure for selfish motives sounds insane i know but you have no idea the chenanigans some of these people have put others through. They would just like to block it period and see us lose money.
Expert:  Legalease replied 2 years ago.

Hello again

 

That definitely sounds stupid on their part. My suggestion is to get a lawyer (or if you have a lawyer) to send a "cease and desist" letter to the condo association -- unless they have goo d cause as to why this sale should not happen then they need to come forward with that good cause and let you know what their objections are to the sale or they need to back off and let the sale happen. My bet is that they will let this happen and not continue to mess with you once they receive a letter from a lawyer.

 

--MARY

Legalease, Lawyer
Category: Legal
Satisfied Customers: 14451
Experience: 15 years exp all aspects of general law
Legalease and 2 other Legal Specialists are ready to help you

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