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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33798
Experience:  15 years real estate, Realtor. Landlord 26 years
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Board passed a "rule" no enclosing lanais, as lanais are considered

Customer Question

Board passed a "rule" no enclosing lanais, as lanais are considered a common area, yet we are responsible for storm shutters to safeguard the property in event of a storm. Unit below me has lanai enclosed from agreement with original builder before docs were in place. Board cites a potential "terrarium" effect from mold. My lanai is unusable everyday that it rains as it floods 2 inches deep with rainwater for hours afterward. Do I have any recourse to enclose my lanai with Dade code approved storm doors in order to make it useable year round? Every high end condo on the beach here in Naples has done that, as well as numerous other communities. This seems like a short sighted, ill conceived rule by our Board. Thanks.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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In a situation like this, the Board is essentially a mini-government for the development and is able to pass rules under the Bylaws that give them that authority to act in what they feel is the best interests of the owner/members and for the development itself.
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So unfortunately, the fact that any local agency approved the doors wouldn't trump the Board's power to enact rules for the development and enforce them in the event of a violation.
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With that said, if you haven't already done so, your recourse would be to appeal their decision and attempt to get them to change their position to allow the storm doors..
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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks
Barrister

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