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MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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Our Board of Directors after much arguments agreed to seek

Customer Question

Hello, our Board of Directors after much arguments agreed to seek the 75% required approval of the voting interests to affect changes of two common elements: Chattahoochee floor covering and railings. Failing to get even 40% approval it has convinced an Arbitrator that replacement of both elements is "restoration" or "maintenance". Special assessments of almost $15,000 and $13,000 have been levied.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Florida
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: $1.1 million contract with construction company was signed 3 or 4 months before contract was put for competitive bidding but our concern is that Board will alter the elements with those options that received the lowest percentage of the ballots.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Could you please clarify for me what your question is? Thank you.

Customer: replied 1 year ago.
Even if Board is violating the Florida Statutes and the Condominium Bylaws the Arbitrator is siding with them. What recourse do the unit owners have and what are the chances of prevailing in a civil court?
Expert:  MIAMILAW1127 replied 1 year ago.

The unit owners can sue the Board for various different causes of action such as breach of fiduciary duty and the relevant Florida Cono/HOA statutes. The chances of prevailing are high if it can be proved that the Association/it's Board violated these provisions/statutes/condo/HOA documents.

Customer: replied 1 year ago.
Thank you. I'l pass on your response.
Expert:  MIAMILAW1127 replied 1 year ago.

Great. Please don't forget to rate me at your earliest convenience.