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I have a condo that flooded in IRMA. We did not have

Customer Question
Hi I have a...

Hi I have a condo that flooded in IRMA. We did not have personal flood insurance, however the HOA flood policy paid a claim on our condo for around $21,000. I would like to get all of this money and start getting the condo rebuilt. The condo association is telling me that they will not approve payment until we pay for the work out of our pocket and submit a paid receipt. I would like to have the money up front so that I do not have to put on a credit card or take out a loan to pay the contractors. Is there any way I can make them give me the money up front.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Florida

Lawyer's Assistant: Has any paperwork been filed?

Yes the claim has been filed and the checks have been sent to the HOA, a bank trust is being set up to distribute the money

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 6 minutes by:
11/29/2017
Real Estate Lawyer: TJ, Esq., Attorney replied 7 months ago
TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12,760
Experience: JD, MBA
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Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

The only way you could force them to give you the money up front would be if the bylaws or condo declaration state that the condo must give you the money up front. In other words, all of this is contractual in nature and governed by the various documents. So you need to review the bylaws and declaration to find out exactly when the Association is required to provide the funds.

If it turns out that the Association must give you the funds immediately regardless of any receipts, then you can indeed force the Association to do so by filing a lawsuit if they were to refuse to do so voluntarily.

Does that answer your question(s)? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

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Customer reply replied 7 months ago
if it does not specify, what then
Real Estate Lawyer: TJ, Esq., Attorney replied 7 months ago

Hi again.

If it does not specify, then you cannot force the Association to give you the money up front. Accordingly, you'd have to pay for the repairs yourself, and then seek reimbursement.

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Real Estate Lawyer: TJ, Esq., Attorney replied 7 months ago

Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.

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