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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116828
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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There is association in upscale community in Florida, in the

Customer Question

There is association in upscale community in Florida , in the entrance there is city owned bridges and bulkheads that are 50 years old and in need of repair, the City road dept is broke. There are other streets in the association that have no bridges or bulkheads that fear a assessment coming , it just so happens that they can get out of association as 30 year covenants have expired. Should the streets that have no bridges/bulkheads leave the association to prevent a possible assessment for the bridges/bulkheads or believe the association president who States "city is responsible" but yet wont write a letter to eliminate the possibility of assesmnet (to the residents that dont have bridges). There are benifits like security camera and a little bit of landscapeing/lighting (no Gate) so doesnt the liability of 50 yearold bridges/bulkheads outweigh benifits?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
While the city may be responsible (you need to check the city maps to make sure that the city does own the streets) if the city is broke then you would have to try to get the city to pass some type of municipal bond issue to pay for it and that means that your community members would have to show up at the council meetings and get such a bond issue pushed through to the ballot and they convince the rest of the city to approve it.
Of course the liability of having rotting bridges and bulkheads if the community is so "upscale" outweighs the need for assessment. If they leave the association, then they have a huge infrastructure problem and they have no association now and also still have rotting bridges and bulkheads. So at some point, if the president does not want to act to get these repairs made and if this upscale community is already paying assessments, then they need to elect a board that will properly manage the association funds and get the work done that is required.
Customer: replied 1 year ago.
Got it great answer, but one point that I am trying to point out and get a answer to. The association consists of 6 streets, 3 of them are dead end streets with no bulkheads/bridges. The other 3 are all connected to a entrance that has the bridges/bulkheads that the city owns but road dept is always crying there broke. Ironically the 30 year period lapsed for the association, we have to vote to rejoin for another 30 years. So right now my street which is one that does not have any bridges/bulkhead can vote to either be in, or not be in the association (51 percent majority, ballot was sent out to all). doesn't the possibility of a assesment far outweigh, the small benifits of being in, all the association provide is lighting for the entrance and lanscaping for a simple entrance and security camera (no gate) . SO again I am asking your professional opinion if it make sense to leave the association since we have no bridge/bulkheads on our street. If there s even a possibility that we can be assesed for bridges/bulkheads , my opinion is we should leave and form our own just for our simple street.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If you vote to be out of the association and the association nor city makes any repairs to bulkheads and bridges necessary for the remainder of the association, this actually can decrease your property values and that hurts you if you try to sell.
It is a possibility the whole community can pay a share of the assessment if the association undertakes paying for the bulkhead and bridge repairs needed. So in trying to save a little money on the assessment, you could greatly impact the property values if you get out and the remaining parties in the association let the rest of the development fall apart, then you have zero say and cannot elect anyone to the board to change it and your property value still decreases.
If people in an HOA dislike what is going on, then they need to change the members on the board, that is how to fix things, because once you get out you lose any rights to say anything about what happens in the community.
Customer: replied 1 year ago.
last question promiss! The 3 streets that have the bridges/bulkheads that are 50 years old are million dollar homes that will absolutely pay if they have to get the bridges and bulkhead fixed if the city doesnt fixt them. So the values will not go down on our street. So our street which is 1/2 mile away from there street has nothing in common and we dont have bridges/bulkheads. It seems completly unfair of having the possibility of being assesed fro bridges and bulkhead 1/3 mile away that will be fixed by them.
But I think you answered my question, and here it is again, Is it possible to be assesed from the association for the bridges and bulkheads that again are 50 years old even thought the City owns them (Cities road dept is broke Anyway).
Thanks again
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

If that is the case, then you can back out of the association, but remember once you do, then you lose all rights to say anything about what is going on in the community and if you do not like it you are stuck with it and they do not have to let you back into the community association, so choose carefully.

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