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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10639
Experience:  Commercial and residential leases in NY & NJ & US
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My husband and I are snowbirds and are in a condo, the

Customer Question

my husband and I are snowbirds and are in a condo, the person upstairs has flooded us out 3 times in the past 6 years. No insurance on him so we have had to usse our ins. This year his air conditioner is vibrating and making loud rumbling noise in our condo, we have been trying to be patient with him for the past 6 weeks but he kept saying that he had to wait for a service man. We called one of the companies and they said they would come out but he had to pay, and of course he is looking to get it fixed for free, air conditioner is still under warentee but he owes the company money so he cant call them. Yesterday, he said he is not calling anyone. I have spoken several times with the President of Our Board of Directers, on this last issue, who says he has spoken to him and going to get it repaired (6 weeks and still not getting fixed). We lost our tempers yesterday with him and I need to get this resolved and get us out of dealing with the above neighbor. What steps do we need to do to get this fixed? AND at his expense? Thank you in advance for your assistant, Janet Cote
JA: What state are you in? It matters because laws vary by location.
Customer: Im Sorry, we are in Ft Lauderdale FL and at Maybury Mansions Condos
JA: Has anything been filed or reported?
Customer: I have been in touch with the President of the Condo Asoc several times, but not in writing.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, I think that is it, unless you can think of something, I have never had an issue like this before.
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  Richard - Bizlaw replied 4 months ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

I suggest you send your neighbor a formal letter of complaint about his air conditioner and demanding that it repaired otherwise you will be forced to take legal action to resolve the situation. I would remind him that the prior damage from flooding from his unit you had to absorb your own repair costs and you will not continue to do that. If you do not get a result you can file what is called a nuisance action in small claims court. This is an action that says someone on an adjoining property is taking or failing to take actions which impairs your use and enjoyment of your own property.

You should also review your condo association rules and bylaws to see what responsibility the association has for this type of problem. No matter what I would also make a complaint in writing to the Association and in that letter recite the verbal complaints you made previously to which the association has not responded.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Customer: replied 4 months ago.
I saw that 5 questions were included in this price so:
the above neighbor has mentioned that he owes the AC company money and said they can take him to court, so I would rather just not deal with him any longer, and just deal with the Assoc, what will you charge to do a letter to the ASOC, I have already drafted one and just needs to have someone review and change some things can you do that for a fee?
Expert:  Richard - Bizlaw replied 4 months ago.

The cost would be $60. It would have to be done as a premium offer. We would communicate by private email that is not visible to the public. If that is acceptable to you, let me know and I will send the offer with a private email address to send your letter to.