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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118779
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Our Florida condo common property is not being maintained

Customer Question

Our Florida condo common property is not being maintained properly and allot of us are upset. We have written to the Board President and he disagrees. What are our options?
JA: Has anything been filed or reported?
Customer: Nothing legal has been done but we have complained verbally and in writing.
JA: Anything else you want the lawyer to know before I connect you?
Customer: We are in FLorida
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 4 months 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.
As members of the HOA, you are entitled to first file a grievance to the whole board and point out what the bylaws state and how they are not following the bylaws. If the whole board refuses to act, then the owners of property in an HOA have the right to file a lawsuit for declaratory judgment in the district court where the property is located to ask the court to order the board to comply with the bylaws. That is one option. The other option is that if the board is not following the bylaws, then the owners can follow the bylaw process to pass a new bylaw to force the board to do so or to seek to remove board members or elect new board members who will follow the bylaws. Getting all of the owners together and passing new bylaws or voting for removal of board members would be the other option you have if that many owners are upset by this current board.
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