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Legal Eagle
Legal Eagle, Lawyer
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Experience:  Licensed to practice before state and federal court
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I went to meeting about roof repair. Only a few days notice.

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I went to meeting about roof repair. Only a few days notice. Small building-10 units, not all owned. The cost for roof repair is $24,000. Insurance paid out either 12 or 14 thousand. The cost to owners-$1800. The date of the loss was back in Sept. They are also raising association dues. The president and his wife the secretary asked the only other owner there , and myself to prepare documents. Well, the other girl sold her place the next day. I am new to associations. I hate the way its being managed-not transparent at all.Meanwhile I also had same date of hurricane. The tree is still down-never took care of it, and all power was lost. They had to replace old wiring lines-dug out and rewired . I lost my airconditioning/furnace. My insurance company said the master policy would cover it. So I called management. She said shes never heard of itI would love to know what insurance company insures us. I am also worried about the documenting . I emailed her asking for the exact numbers-cost of repair,and amount from insurance. She ignored it, and told me to get help with a new owner-who wasn't there. I've been sick. Can I just say what is owed-$1800 $25 higher monthly dues. I don't want to be sued. Can I Quit? They have paid an accountant $1200 so far this year.I think its the manager-wife of president. All I have is my name, and compassion for owners that need to pay a total of $2025 by June 1st. They also will fire lawn guy and replace with their children-oh at the end of the meeting, the president said he would personally take care of the tree-bogus-since Sept down.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I made out a draft-special assessment result of vote $1800, and increase in monthly dues, but haven't sent out
JA: Where is the property located?
Customer: Lee county Cape Coral Fl
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

I'm a little unclear of what questions you have regarding this. It seems like you have an issue with the HOA management, but I'm wondering what legal concerns you have about what's going on.

Customer: replied 6 months ago.
No transparency-bad management-personal gain for themselves-other owners haven't received any papers on maintenance dues-what they cover-laws etc. Having me to do documentation-when they have an accountant-we never get billed for Hoa-we need to remember. A few days notice for Special assessment-I read Florida statutes-at least 2 week notice of meetings-they only gave 4 days notice-woman that voted sold her house the next day-poor new owners. Me and another owner will probably sell.Where can I find their insuance, so I can directly file my claim for ac/furnace reimbursement.

I see what you mean. So, it may be difficult to find out who their insurance carrier is unless you have access to their private information; however, if you are looking to file a claim for your A/C, you may want to consider just writing a formal demand letter to them requesting reimbursement. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

Usually, the party that receives this letter will send it to their insurance company so they don't have to pay. They could agree to pay it without filing a claim with their insurance carrier on their own; however, most people do not opt to do that since A/C/ units can cost thousands of dollars.

How else can I help you today?

Customer: replied 6 months ago.
Can I also say I quit-you take care of billing documentation?

Absolutely. FL is an at-will state meaning that if you are an employee or volunteer, you are not required to work there. Only if you have a contract that specifically says that you will work for a certain # of years would you be bound, but the answer to your question is yes, you can quit.

Did you have any other questions for me today? If not, were you satisfied with my service today:-)?

Customer: replied 6 months ago.
No.Everything was answered. Thank you. I 've been physically ill over this-seizure disorder. Thanks again!!!!

The pleasure is all mine! I can imagine how sick you've must have felt.

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Customer: replied 6 months ago.
I received association notice. She didn't use mine. We are going from assigned parking to non assigned. we have 15 parking spots for 10 units. Someone just moved in, too. Is it legal, not to provide adequate parking for owners. No parking on the street as fire Department is at the end of the block. Should I call the village or county? She had asked my help for documents. I thought she was referring to roof repair and change in dues. I accepted. It turns out she's referring to documents that are outdated, and also noted, we are hemoragging-no reserves. She gave my name out to owners. Saying we need 2 more people to make a committee.I would've NEVER moved in if I knew this. In Illinois HOA documents must be provided at closing.Do you have any idea if we can find Fl documents from another well run HOA. Thank you for your time.
Customer: replied 6 months ago.
I read effective 7/1/18, Governor signed bill, concerning official records must maintain, articles of inc,meeting minutes,declaration of covenants,bylaws,rules ,regulations, of the association. Maybe that's what she means. Since me and 2 other owners never received. I wish she had liability, because I would sue.

Thanks so much for coming back. So, I don't know for sure whether it's illegal to not have adequate parking because the term "adequate" is very broad. The HOA has to follow the rules regarding accessible and handicap parking; however, the best thing to do would be to call the village first to see if there are any local ordinances, because I don't see any statewide ordinances that require this.

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