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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37811
Experience:  16 years real estate, Realtor. Landlord 26 years
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I own a condominium in Fl. The unit includes a balcony. Is

Customer Question

I own a condominium in Fl. The unit includes a balcony. Is it an owner or a condo association responsibility to repair? Thankyou.
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: F
JA: Have you talked to a lawyer yet?
Customer: Florida, and no
JA: Anything else you think the lawyer should know?
Customer: Shortly after I bought the unit, we were informed by the association that the balconies needed repair as per the city codes. The balconies were repaired from association funds and we were told they met city codes. Now, 10 years later, we are told the balconies needed to be repaired due to the repair at that time not being done properly with proper materials, and we as owners are now responsible.
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: add: back then, 2005, we were told we could not use our balconies as they were "unsafe" as an owner had them inspected by the city.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.


Unless the deeds to the properties specifically designate the balconies as common areas, then they are considered part of the condo and are the owner's responsibility to maintain. If they were common areas, then any other owner could access and use any other owner's balcony. I don't see that being a realistic scenario.


I can't explain why the association decided to pay for repairs the first time unless there was something specific in the Bylaws that made it their responsibility then but has somehow been changed from then to now, or they just decided to voluntarily use Association money to help out the affected residents.


But you would need to review your Bylaws to make sure what areas are considered common areas...