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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 36754
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I reside in a condo in St. Petersburg, Fl....Because 2

Customer Question

I reside in a condo in St. Petersburg, Fl....Because 2 residents slipped on the tile floor in our lobby it was decided to replace and re decorateb that lobby...In investigating the condo rulesbwe had to have 75% of the membership agree fornthe change...After mailing out the ballots we were told by our management company that we had 111 votes above the 108 votes we needed to ratify the change...We plan a meeting tomorroiw for our annual election...The vote for the tilen change was challenged and it was discovered we had 102 affirmative votes knstead of the 108........WE HAVED GONE TO CONTRACT AND THE WORK STARTED ON OUR LOBBIES...NOW WERE TOLD THE ORIGINAL VOTES ARE NULL AND VOID AND WE HAVE TO START OVER AGAIN ....wE HAVE A LAW FIRM THRU OUR ASSOCIATION BUT i WOULD PREFER another opinion.....Georgen Parmigiani Palma del Mar , ST. pETEN FL
JA: What's the contract for? Who are the parties?
Customer: BOARD OF D
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 12 days ago.
Category: Real Estate Law
Expert:  LawTalk replied 12 days ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your association's situation. My goal is to provide you with excellent service today. I have been a CA licensed attorney for more than 3 decades.

While clearly, someone in the HOA erred when counting the votes, and based on your stated facts there were insufficient votes to allow the renovation to go forward, based on the error a company was contracted with to do the work and contracts were signed.

Despite what the vote tally may have been, the association is legally liable on the contract and whether the work continues or not, the contractor is entitled to be paid for the profit they would have made or they can sue the Association----and they will have a meritorious case in court.

So, given that the work has begun, and contracts signed already, there is little reason not to go through with the renovation because it will have to be paid for by the association whether the association breaches the contract now, or allows the project to go to completion.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug

Expert:  LawTalk replied 12 days ago.

Good morning,

Is there anything else I can assist you with today? It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you by clicking on the rating stars so that I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service. It is greatly appreciated.

I wish you the best in 2017,

Doug