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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32354
Experience:  Began practicing law in 1992
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UnderFl. condo law who is responsible cracks?

Customer Question

underFl. condo law who is responsible for repairing cracks?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What kind of cracks, where are they located?

Expert:  Dwayne B. replied 5 months ago.

I saw that you opened another question but I asked the moderators to issue a refund on it.

You have to answer my question, in this thread, before I can answer yours. Also, please do not open another thread, that will only delay things.

Customer: replied 5 months ago.
ask the questions The cracks are on the slab.
Expert:  Dwayne B. replied 5 months ago.

In the slab inside your condo or outside? How did you locate the cracks?

How long have they been there (if you know)? Any idea as to what caused them?

When was the condo built?

Customer: replied 5 months ago.
The slab was poured and no pressure cuts where made it is a two car garage and the cracks are extensive. The unit is 8 years old I believe that the concrete used was not strong enough and needed the pressure cuts in it so that the pressure could be relieved during freeze and thaw. Is that $59..00 in addition?
Expert:  Dwayne B. replied 5 months ago.

I'm not sure what the $59 you are asking about is in reference to, can you explain?

The statute of limitations for things like building defects is 5 years in Florida (generally). However, that can be 5 yeas from the date the defect is discovered so you may still be able to go back against the builder.

As to who is responsible between you and the COA, leaving he builder out of the equation right now, then it depends on the different documents involved in the COA. You would have to have a lawyer review the by-laws and all of the other documents to know for sure. In some of them I have seen where the COA is responsible for anything structural but in others I've seen where the COA is only responsible for things that happen outside the unit or for things in common areas.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and you can come back to it anytime in the future if you think of something else.

Customer: replied 5 months ago.
Sir I was hoping for a definite answer but having been an investigator I understand the problem. An ad keeps coming up about calling at an additional cost. Thanks you Bill B
Expert:  Dwayne B. replied 5 months ago.

I understand now. I don't actually do telephone calls but if you choose that option I will continue with you in this written format and then the other expert will call you. As to the extra charge there should be a green button somewhere on your page that says "Customer Service" or something like that and if you click on it then they can explain the pricing. we actually don't have anything to do with that.

I'm sorry I couldn't give you a more definite answer but it depends on the wording. The generalities I explained above and if you want to post part of the document and ask if that applies then I'd be glad to look for you but usually there are a lot of documents to look through and you have to read them all in conjunction with one another to get a definite answer.

I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered as best as I can considering the lack of documents and the constraints of this kind of forum. In addition, once you issue your Positive Rating the question will lock open and you can come back to it anytime in the future if you think of something else.

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