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Tina, Lawyer
Category: Real Estate Law
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Experience:  17 years of legal experience including real estate law.
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A Florida Condo unit owner has her lawyer send a letter

Customer Question

A Florida Condo unit owner has her lawyer send a letter 9More harassment than anything else) to the Board alleging some position that is legal nonsense. The Board President replies on the basis of Board knowledge of the law, without going through the formal procedure of sending its own lawyer's letter.
The unit owner does not accept that and replies that way.
Finally, the Ass'n sends a lawyer's letter asserting the ludicrousness of the unit owner's position. The cost of that legal intervention is $500.-
The Board had resolved earlier that it is unfair for all unit owners to be required to pay for legal answers to clearly frivolous claims. That therefore the only fair way to address the cost is to charge the unit owner responsible for all costs in the event of a frivolous claim.
The unit owner argues that the legal cost should be paid by al.
The By-laws and Docs are silent on the matter
How say you?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. My name is***** am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

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Expert:  MIAMILAW1127 replied 1 year ago.

If the board had previously resolved the matter (pursuant to a Board meeting or otherwise), as long as there is something in writing, then the individual unit owner should be liable for paying it.

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