Real Estate Law
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The HOA is generally the responsible party for all common area maintenance. Can you tell me if your bylaws state that the HOA will maintain the common areas? If they are required to maintain the common areas they are responsible for repairs.
yes. they are responsible for.the common areas. small gated community. sellimg point was "maint free"
You have a strong case. The common area is significantly higher then my property and almost acts like a "L" shaped fish bowl. The HOA needs to take responsibility for this matter. The developer is out of the picture and the HOA took over the developer's responsibilities. Florida Statutes 718.113 (1) Maintenance of the common elements is the responsibility of the association.