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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5860
Experience:  28 years of experience in General Practice, Real Estate Law and Estate Law.
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My condo property mgt has decided not to maintain our 4 lane

Customer Question

My condo property mgt has decided not to maintain our 4 lane bowling alley and double tennis courts as part of cost cutting. There are 475 units here. These facilities are no longer usable. This affects the value of my condo. Can I force them to bring these facilties back to a usable condition. I was told only a majority vote of the residents can decide that these facilties can be given up. I live in Florida
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.

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Expert:  Attyadvisor replied 6 months ago.
Welcome to JA and thank you for your question. As a general rule the board has exclusive control over the common areas. That being said no doubt part of your desire to purchase was based on the an am amenities that came with your purchase. If there is a deficit causing the board not be able to pay for maintaining the amenities I would question how the board is collecting and using HOA fees. Have you asked for a copy of the HOA budget and checked the reserves? I suspect the HOA Board may be derelict in their duties to the owners in collecting and handling dues. Do you have a copy of the annual budget? The cutting back of the tennis courts and bowling could impact your resale value. You can and should take action against the Board as this sounds like a mismanagement of funds.
Expert:  Attyadvisor replied 6 months ago.
Sorry I am on my iPhone and it makes it difficult to see typos. I meant to say your desire to purchase was based in part on the amenities.
Expert:  Attyadvisor replied 6 months ago.
There are a few different actions that you can take. If the Board is not collected the required HOA fees and is not maintaining a proper reserve account the board is in breach of their fiduciary duty to the owners. The Florida Condo Ombudsman has been granted the power to take complaints against HOA boards. You can also remove board members that are not acting in the best interests of the unit owners or you can file a lawsuit against the Board. Give me a few moments to put the link together for the Ombudsman's Office.
Expert:  Attyadvisor replied 6 months ago.
This is the link for the Ombudseman's Office http://www.myfloridalicense.com/dbpr/lsc/lscmhcondominiumombudsman.html. Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. Thank you for using JA!
Expert:  Attyadvisor replied 6 months ago.

Do you have any additional questions for me?

Please do not hesitate to ask me ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I may receive credit for my work I would appreciate it. Thank you for using JA We appreciate your business.

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