Real Estate Law
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The HOA management has no power over the city planning office. City zoning and planning regulations control. If the city permits the conversion, then the HOA could still refuse the conversion. But, if the city prohibits the conversion, then the HOA cannot grant the conversion.
So, if the city is willing to give you a permit, and the HOA has permitted a conversion in the same community, then you have a lawsuit for breach of the implied covenant of good faith, if the HOA refuses to permit your conversion, because the HOA is not providing fair treatment to all homeowners.
Hope this helps.
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Hello. Thank you for your very clear and concise answer. I thought of re-contacting the HOA President but I am afraid he will now say something different as I have no written proof of what he said in the telephone conversation. I also thought of going to the next HOA meeting to address/appeal the issue however, I am afraid they will have a pat answer to fall in line with reasons for the denial of my HOA application (and then, go no where). So, it is looking now as though I am leaning to file suit against the HOA.
The management company for my HOA is represented by Brough, Chadow & Levine PA. Can you recommend another law firm in Weston, FL or, can you direct me as to how to find an attorney who deals with HOA problems or real estate law and who has a good track record? I would value your opinion on what a reasonable approximate fee might be -- for consultation and for contracting for full representation in this matter.
The terms of agreement for this forum seem to include additonal questions for my main question. Please correct me if I am wrong, in that this additional question is not to be charged an additional fee. If there is an additional charge, please let me know what cost would be.-- Appreciatively -- Muriel
What was the "written" reason for the denial of your application?
I received an email from the secretary which said:
"The application is not and will not be approved. It is prohibited by HOA & City of Weston to create an additional room of the nature you have proposed (garage conversion)."
Then the manger emailed me:
"Sorry but no garage conversions are allowed by the association, or in Weston."
If you can get a note from the City that the conversion is permitted in your community, then you could send the HOA a letter stating something like:
That's how I'd do it if it were me. You'll have to decide if this sort of approach would work for you.
Best of luck.
Hello and thank you once again, for a most comprehensive answer. I appreciate that you give me an alternative approach, short of retaining legal representation (at this time ...).
While I was emailing you, the HOA manager emailed me and would not answer the questions I last relayed to him. Specifically, (1) why does the HOA approve some garage conversion and not others. and (2) it is not true that the City of Weston disallows garage conversions.
The HOA manager now suggests that I attend the next HOA meeting (7/8) and ask the Board of Directors directly about the garage conversion issue.
So one last question ... since I have already received two emails telling me that the HOA and city will not and cannot allow garage conversions, would you recommend that I now appear before the Board of Directors and the HOA manager to ask this question again, which was already presented in my application to the HOA.
Appreciatively -- Muriel
I cannot recommend a course of action. I "justanswer" questions about the law. You get to make the choices.
The manager is trying to avoid responsibility, by deferring to the board. I don't see any particular harm in you attending and asking questions. I like the letter approach, because it creates an absolute deadline. Your opponent knows that you can prove that they have no defense, and that if they don't do something, that you will act in a certain amount of time.
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