Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

I live in a Condo whereby we are facing an assessment of $6M

Customer Question
to replace windows/doors/railings...17 floors/107 units....Each...
I live in a Condo whereby we are facing an assessment of $6M to replace windows/doors/railings...17 floors/107 units....Each Condo owner will be assessed approx $60K to begin the project.
A Condo owner posed the question of each Condo owner paying $15K per quarter in the coming year rather than the entire requested amount. Board President responded that Florida Condo Law requires that all funding for a particular project be 'in hand' prior to the project start. None of us can seem to clarify this through Section 718 of the Florida statutes.
We have a fully funded reserve account exceeding $1.2M; but through the years, there was no account funding for window/doors railings; thus the assessment. My Condo Assoc. specifically voted some years ago to fully fund reserves...
The Assoc will borrow the $6M from a Bank and the owners are being given the option of paying $60k up front or a small lump sum up from with financing through the Association or obtaining personal financing.... Is a quarterly payment of $15k allowable rather than requiring owners to pay the entire assessment up front ? Thanking you in advance...
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 6 minutes by:
1/14/2016
Real Estate Lawyer: P. Simmons, Lawyer replied 2 years ago
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 35,690
Experience: 12+ yrs. of experience including real estate law.
Verified

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I have some thoughts on this and will type them up...a few mins please

Ask Your Own Real Estate Law Question
Real Estate Lawyer: P. Simmons, Lawyer replied 2 years ago

Thank you for your patience

There is NOTHING in the FL statutes that prohibit your proposal

You are correct that Chapter 718 of the FL statutes is the law that applies.

The primary section that applies is section 718.113

This section provides, in part,

(1) Maintenance of the common elements is the responsibility of the association. The declaration may provide that certain limited common elements shall be maintained by those entitled to use the limited common elements or that the association shall provide the maintenance, either as a common expense or with the cost shared only by those entitled to use the limited common elements. If the maintenance is to be by the association at the expense of only those entitled to use the limited common elements, the declaration shall describe in detail the method of apportioning such costs among those entitled to use the limited common elements, and the association may use the provisions of s. 718.116 to enforce payment of the shares of such costs by the unit owners entitled to use the limited common elements.

Then, if you turn to section 718.116, you do not see anything that would prohibit your proposal (payment over a period of time)

No idea why the president would say the statute requires "in hand"..that is not the case.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Ask Your Own Real Estate Law Question
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 35,690
35,690 Satisfied Customers
Experience: 12+ yrs. of experience including real estate law.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Does the Association president have the power to override a
does the Association president have the power to override a board vote if it violates the Condo "Docs" The Board majority decided not to number parking spaces which had been previously numbers and are… read more
KLAW
KLAW
Juris Doctorate
1,770 satisfied customers
I have a situation with a condo association not being
I have a situation with a condo association not being responsible to the water damage to my wood floor caused by a main building air conditioning pipe from the roof of the 35 story building to my 22-f… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
We belong to a home owners association in Pennsylvania that
We belong to a home owners association in Pennsylvania that decided to have a special vote to authorize water metering in each unit in the community. The vote was taken and did not pass, the associati… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
1. Is there a tennant's association or something like that
1. Is there a tennant's association or something like that in Steuben County New York State that helps and supports tennents in disputes with landlords?2. I have been a renter for 11 years and am havi… read more
Damien Bosco
Damien Bosco
3,390 satisfied customers
I went to court yesterday and lost; the condo association
I went to court yesterday and lost; the condo association received a uniform final judgement of foreclosure and my condo is going to be sold via an online auction in 35 days. My first mortgage is curr… read more
Damien Bosco
Damien Bosco
3,390 satisfied customers
Can a management company of my neighborhood association
Can a management company of my neighborhood association refuse to give me association board members contact info? In WA state.… read more
Lori
Lori
Juris Doctor
288 satisfied customers
Is a condo association legally bound to follow their own
Is a condo association legally bound to follow their own rules and regulations? … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,714 satisfied customers
We have been dienied a lease by the Condo Association
Hi, We have been dienied a lease by the Condo Association without reason. The owner approved us, we pass all background checks, ahve no criminal or any tainted history whatsoever. The Association is refusing to give us a reason for denying us, no interviews were done, no references checked... … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
In condominium association all parts of building and stairs
In condominium association all parts of building and stairs exteriors (aesthetic and structural) have to be maintain by HOA or individual owners? … read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
I live in garden villa service maintenance association and
I live in garden villa service maintenance association and our monthly dues pay for repairs and replacement of siding roofs and gutters. The maintenance is always ongoing and our monthly dues increase… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
What are the requirements for a Condo Association to have a
What are the requirements for a Condo Association to have a Capital Reserve done by an outside agency. This is for the state of Ohio. Can the Board perform one on its own? … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,714 satisfied customers
I wanted to know who is responsible to enforce maintenance
i wanted to know who is responsible to enforce maintenance on a drainage easement in Bexar County? … read more
P. Simmons
P. Simmons
Lawyer
35,690 satisfied customers
I live in and the community is in a homeowners association.
Good morning. I live in Virginia and the community is in a homeowners association. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Who is responsible for maintenance of a retaining wall which
Who is responsible for maintenance of a retaining wall which is on the boundary between 2 properties ? I own a Single Family Home in San Francisco, CA. Our street is on a gradient. Our backyard is abo… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
Cam maintenance enter an apartment without permission.
cam maintenance enter an apartment without permission … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
Our condo association bylaws indicate the association own
Our condo association bylaws indicate the association own the sliding glass doors. How do you go about get getting the association to replace doors that are leaking? With Irma, our condo suffered dryw… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
My problem is with a Condo association. Discrimination
Hello - My problem is with a Condo association. Discrimination resulting in denial of maintenance, depreciation of property value [loss of investment] … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
If the condo association bills the monthly maintenance fees
If the condo association bills the monthly maintenance fees quarterly, but I want to pay monthly, the associations charges me 10% late fee. it that legal... I am not behind in any payments; however, i… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x