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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3419
Experience:  25 years of experience in general practice, real estate law and estate law.
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I live next to my neighborhoods pool, and common area. During

Resolved Question:

I live next to my neighborhoods pool, and common area. During the rainy season my backyard, back screened in porch and side yard are flooded.
The common area is significantly higher then my property and almost acts like a "L" shaped fish bowl.

This turns my back yard into swamp, as well as my porch into a pool. It gets to a foot deep at one point.

So I haven't been able to use my porch for a few years now. I am alsoconcerned that it is slowly eroding away at my homes foundation

I mentioned to hoa board and property manager, but said they weren't responsible, ans waswas a developer issue.

Developer is long gone , as this was built in 98 .

Do I have a case to force them to fix this issue?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 10 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

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.

How convenient to try to deny responsibility by blaming the developer.
Customer: replied 10 months ago.

yes. they are responsible for.the common areas. small gated community. sellimg point was "maint free"

Expert:  Attyadvisor replied 10 months ago.

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.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/0718.html

They seem to be something that can rectify rather then denying responsibility and continuing to cause damage to your property.


You may wish to have a local attorney write a letter on your behalf demanding that HOA repair the problem.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3419
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and other Real Estate Law Specialists are ready to help you
Customer: replied 10 months ago.

thanks!


 


 

Expert:  Attyadvisor replied 10 months ago.
You are most welcome. I am sorry your association is not being helpful.

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