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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 35309
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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Declaration includes a requirement that corporation provide

Customer Question

Declaration includes a requirement that corporation provide maintenance, repair, of all exterior doors whether common elements or part of a unit. Question: Does this include the exterior garage doors for access by a car of a garage that is attached to and part of a unit with direct human access from the rest of the unit to the garage?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 8 months ago.
Good afternoon Saul,I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please. 1. Are you in an HOA or condo association?2. What is the precise language of the Declaration that you are referring to?3. Are "garage doors" mentioned in the Declaration anywhere?4. Who/what does the term "corporation" refer to?Doug
Expert:  LawTalk replied 8 months ago.
Hi, I won't be able to assist you if you are not able to provide the minimal information I sought clarification on. Please get back to me with this information at your earliest convenience.Doug
Customer: replied 8 months ago.
Question1. Eastbank, Inc. is a non profit Florida Corporation. It is a condominium. Question 2. Second Amendment to Declaration includes the following: "It shall be the duty of the Corporation to provide, through its agents and employees, for the administration, operation, maintenance, repair and replacement of the common elements, all exterior doors and all exterior surfaces of the building, except windows, sliding glass doors and all exterior surfaces and screens of individual units, whether Common Elements or a part of a unit (unless damage to same is covered by insurance - - carried by the non profit corporation." Question 3: No Question 4: "Eastbank, a Condominium"
Additionally: The garage is structurally part of the unit and can be directly accessed by a person from the kitchen and then further through the opening for the Garage door. Question: Is the garage door an "exterior door."
Expert:  LawTalk replied 8 months ago.
Hi, I have scoured the FL Building Code and there is no definition of "exterior door". And the term "exterior door" is not apparently defined in your Condo By-Laws either. Consequently, the court will be obligated to interpret that term based on common use. One common definition is "A doorway that allows entrance to or exit from a building" as seen at this site: http://www.audioenglish.org/dictionary/exterior_door.htm While I suspect that your association will argue that you are responsible for the garage door maintenance, based on the ambiguity in the By-Laws, and given that the garage door is an entry/exit to a part of the building which is your unit, I expect that were you to seek declaratory relief in court you would get a ruling in your favor----a ruling that the garage door is an exterior door and based on the By-Laws, the association is responsible for the maintenance of that exterior garage door. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.I wish you and yours the best in 2016,Doug
Expert:  LawTalk replied 8 months ago.
Good afternoon,Do you have any additional questions that you would like me to address for you?In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?Thanks in advance,Doug

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