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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 29102
Experience:  30 years of real estate practice experience.
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I live in a condo, the president of the condo, refuses to enforce

Customer Question

I live in a condo, the president of the condo, refuses to enforce the condo docks, about stray feral cats,, taking over the private areas of the owners, and using the property, as a large bathroom, while some of the owners, break the condo laws by feeding them daily.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am Loren, a Florida licensed attorney, and I will do whatever I can to answer your question.
Before I answer a bit more detail would be helpful please.
Do the bylaws contain a penalty for feeding the cats or otherwise breaching the bylaws?
Thank you.
Loren
Customer: replied 1 year ago.
Yes, the by laws states $100.00 per day, the condo is Northgate Condo, 1651 ne 115th street, Miami 33181
Expert:  Loren replied 1 year ago.
Thank you for the additional information.
Expert:  Loren replied 1 year ago.
You have a couple of options.First, you can sue the president for breaching their fiduciary duty owed to the members in not enforcing the bylaws.You can also, if you have the support, either call a special meeting for the purpose of recalling the current president for cause or wait until the next annual meeting and field your own candidate to replace the president.
Customer: replied 1 year ago.
Is that all that you can tell me?
Expert:  Loren replied 1 year ago.
You can also contact the municipal health department and file a complaint with them, but otherwise, those are your options to proceed through the condo laws.
Expert:  Loren replied 1 year ago.
Did you have further questions? Have I answered your question?
Customer: replied 1 year ago.
Hi Loren, Please tell me if we sue him, who pays the lawyer, do we use the condo's attorney, who is on a yearly retainer?, Is it good to file a complaint with the DBPR for arbitration?. If we have a meeting recall, as you suggested, what percent of the owners to we have to have, to support the action? thank you Nancy
Expert:  Loren replied 1 year ago.
Hi Nancy. Thanks for following up.
Do you have bylaws? That would provide the process for the special meeting and recall. The percent will either be a simple majority or a 2/3 majority, but it should be in your bylaws.
If the president is found to have breached his fiduciary duties then it is possible that the court would award fees. Otherwise, you will need to front fees and then seek reimbursement from the association.

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