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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3589
Experience:  25 years of experience in general practice, real estate law and estate law.
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I had a broken pipe in my condo and the bylaws have no stipulation

Resolved Question:

I had a broken pipe in my condo and the bylaws have no stipulation on who is responsible the association says its me and the insurance says its the association I paid $800.00 to have the pipe fixed ,What should I do? and who is responsible if state law 718.111 says its the HOA board. but they refuse to answer.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.
Hello and thank you for your question. What is the source of the broken pipe? Is this something in your unit or from a common area or neighboring unit?
Customer: replied 1 year ago.


Its plumbing in the inside wall above the kitchen, below the batroom, the units are side by side 2 storys townhomes, but under condo bylaws.

Expert:  Attyadvisor replied 1 year ago.
Does the pipe only serve your unit?
Customer: replied 1 year ago.


yes

Expert:  Attyadvisor replied 1 year ago.

718.113(2) the Association coverage does not specifically exclude the pipe. Have you tried sending them a certified letter return receipt requested advising them of the leak?
Customer: replied 1 year ago.


Not certified threw email the cam asked me to do everthing threw email and she does not answer the phone , the board members disregard me and will not give me an answer ,they tell me threre is no money and to go away in a very rude manner ,emails going backin forth now for 2 months


an I still can get a straight answer. it seems there i no one who will execpt the certified lette because everthing is done threw a PO box ,any suggestions?

Expert:  Attyadvisor replied 1 year ago.
Associations are not for profit corporations, your association should have a registered agent to receive service of process on behalf of the assocociation. Have you checked with the Secretary of State to find information on the registered agent?
Customer: replied 1 year ago.


Yes thats the Cam ,she will not answer me or my letters,


do you think its worth my time to go talk to The state, that they are not going by the bylaws or sections

Customer: replied 1 year ago.


I was hoping to hear I was right ,I guess its not cut and dry your very kind for your help, you have gone over and beyond

Expert:  Attyadvisor replied 1 year ago.

The pipe appears to be covered under the statute as it is not excluded under 718.113(2)

You can always file a complaint with Attorney General at http://myfloridalegal.com/pages.nsf/Main/18A7753257FE439085256CC9004EC4F7

You can also file a complaint with the Florida Department of State Division of Corporations at

http://www.dos.state.fl.us/


Please feel free to ask me any additional questions that you may have for me.

Customer: replied 1 year ago.


this is where I was at befor I aked the question ,but im on the seesaw on what to do, But after reading what you wrote you feel I' m in the right? this


 


will be the last question, Thank you for everything

Expert:  Attyadvisor replied 1 year ago.

I think the association needs to respond to you. You may want to file complaints to get their attention.

They cannot ignore the legitimate concerns of owners.

 

 

Thank you for using JA!

 

 

If you would be so kind as to rate my service I would be most appreciative.

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3589
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 4 other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 1 year ago.
Thank you.

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