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We own a condo in New Smyrna Beach, they are repairing the…

Customer Question
We own a condo...

We own a condo in New Smyrna Beach, they are repairing the outside of the building which we ar being hit with a $24,000 assessment fee. We have also just found out with these building repairs, they will be removing and NOT replacing, our balcony tile, which matches the tile in the condo. They did not advise us of this prior to the construction schedule. They are planning to just keep it painted cement because they said tile can trap I.

Lawyer's Assistant: Has anything been filed or reported?

Sorry, to finish that sentence, trap in moisture....no, nothing filed or reported

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Florida

Submitted: 7 months ago.Category: FL Real Estate
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Answered in 5 hours by:
1/3/2018
Lawyer: Lucy, Esq., Attorney replied 7 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: FL Real Estate
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The board has a fiduciary obligation to act in the best interests of the entire community. To evaluate whether they're doing this, the judge will consider whether there is any valid reason for their actions. This is called the business judgment rule. If water trapped by balcony tiles is an issue that causes the need for other repairs, then it could be said that they have a valid reason for not wanting tile outside, especially if parts of the balconies aren't covered.

With that said, they shouldn't be taking any action that diminishes the value of your unit. If you can prove that the unit would be worth more with the tile than the painted cement, you may be able to recover the difference from the board.

If you have any questions or concerns, please reply WITHOUT RATING so I may address them. My goal is to provide you with excellent customer service. Otherwise, please rate my answer positively so I get credit for assisting you today. Mobile users may have to scroll to the right. Thank you.

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Lawyer: Lucy, Esq., Attorney replied 7 months ago

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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