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Roger
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Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I own a condo in Florida...Have always paid my quarterly fees

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I own a condo in Florida...Have always paid my quarterly fees & special assesments on time..The past 4 years , I have been paying special assesments of $2400-$2600.00 per year for "porch" refurbushing. My 1st floor unit was not worked on since it was 2nd and 3rd floors that were saging and they were completely rebuilt. Two problems have arised 1) Last summer my building was scheduled for refurbushing. My rental company was informed of dates ( provided by the association) the building would be worked on, therefore no rentals were scheduled during that period. We even blocked off an extra week before & after scheduled work just to be on the safe side. Contractor took it apon himself to "partially work on our building 3 weeks earlier, and then didn't complete the work till weeks after scheduled completion. In turn we had some angry renters who had to be moved, along with loosing the rental income....2) when the work was finally completed in our building, our first floor unit was left with loose doors and screens that no longer function properly due the the floor above being raised 1" (one inch). I called the city inspector and he offered some resolutions to repair the problem. To date some work has been done to the satisfaction of the city engineer, however our door screens no longer operate correctly. I have sent several letters to the board in the past 3 months which are totally ignored with no reponse whatsoever...What can be done, withhold continuing "special assesments", and pay regular condo fees, or perhaps withold all payments ? place funds in an escrow account? I can't seem to get thier attention going the "nice guy" route...thank...Gene
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Roger replied 3 years ago.

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.

 

You should look at your bylaws to see if there's a grievance proceduce that you have to follow. My suspicion is that there is a procedure to follow.

 

You should be able to file a complaint with the board, and if it is not resolved there, you can proceed to filing a claim in your local civil court.

 

I would recommend that you speak with a local attorney in youre area about doing this on you behalf to make sure it's done in accordance with the bylaws. However, if you decide to do this on your own, just make sure you follow the grievance process and don't do anything to have penalties assessed to you for withholding the assessments.

Customer: replied 3 years ago.
Are you familiar with Florida condo laws?
Expert:  Roger replied 3 years ago.
Yes, I am familiar with the condo laws. Here's a link to those provisions: http://www.ccfj.net/condo718statutes.html
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26410
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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