Negligent Repair and Assessment Authority – News – Daytona Beach News-Journal Online

I live in a HOA villa. In April I submitted a work order because my roof was leaking. The club put a small tarp on the roof, but the leak got worse.

I live in a HOA villa. In April I submitted a work order because my roof was leaking. The club put a small tarp on the roof, but the leak got worse. I did another work order, they placed more tarpaulins. Now I have a hole in my ceiling and large stains. I was told that the HOA will replace the drywall on the ceiling and walls but not the paint and not the wooden blinds that were destroyed due to the leak. Is it my responsibility since reporting four times that the leak was not fixed? You are responsible for the roof and the outside. There is mold on the wall and nothing has been done. I would appreciate an answer as I have never lived in an HOA. -ND

The situation you describe is a little different from a typical home owners association where you usually own a lot with a single family home and are responsible for all upkeep of that lot. In your case, describe a situation where the association is responsible for the roof repairs and the exterior of the building (which we also saw). It also sounds like the association was trying to fix the problem, if not permanently, and they basically did a bad job.

According to your description, the inside of the device is not the responsibility of the association. As a rule, you are therefore responsible for any internal damage to the device. In this case, however, we come across the legal concept of negligence. A person or organization with a duty of care (in this case, a duty of care for your roof) must exercise that duty as a reasonably prudent person would under the same circumstances. Furthermore, the person’s negligence must actually have caused your harm.

Sounds like it describes your situation. The association had a duty to repair your roof, it was done half-heartedly (a blue tarpaulin does not do a roof repair) and as a result you suffered property damage. They almost certainly offer to fix your drywall because they find it’s messed up (or confusing their responsibilities with that of a condo). However, to pursue the rest of your damage, you would realistically have to file a lawsuit against the club – and that will be quite expensive. That said, mold remediation can cost tens of thousands of dollars in extreme circumstances. If your damage is significant, it is likely worth filing a lawsuit against the club. You should expect such a lawsuit to cost tens of thousands of dollars depending on how hard the association fights, although under certain circumstances you can get your legal fees back.

Q. I live in a South Palm Beach condo that I just bought last September. I paid cash and didn’t have a mortgage. In April 2013, the board held a meeting and announced a major repair project (nearly $ 5 million). He also announced that each unit would pay $ 71,000 on June 1. If we couldn’t pay, we’d have to make payments to the association over time with five percent interest.

This is absolutely insane considering that when I bought my condo in September the potential estimates announced over the next two years should be $ 15,000. If we don’t pay, they’ll mortgage and seal off our apartment.

I wrote many letters asking many questions and suggesting some partial payments, but the board declined my suggestions. I want to know what my rights are in relation to the fact that I was not aware of this great assessment and that it would be very difficult for me to get a loan from the bank. It is a big surprise to me that the board can decide anything they want without asking for the owners vote. I’m from Europe and have never heard of it.

– MB

When you buy a condominium that you co-own with every other owner, you get an undivided share of all common areas of the building. It’s not like renting an apartment. You own the building along with all of your neighbors. The accommodation will then be operated by a mandatory member association (to which you automatically belong). The owners elect the business leaders of that association who then manage the affairs of the condominium.

While the Condominium Act (a state law regulating condominiums) provides that certain decisions require the consent of the shareholder, such as a material change in physical ownership, the vast majority of decisions in a condominium are made by the board of directors, subject to the rights granted to them This chamber is granted in the declaration of the condominium (a hybrid contract document that contains agreements that you, as the owner, agree to abide by). Many statements restrict a board’s spending authority, but others do not. When you purchased your device, it was automatically assumed that you had been informed of the provisions in the declaration, as this is part of the public record and is mentioned in your deed.

They mention that the owners did not vote for this review but essentially have the authority to do so. A majority of the owners can at any time, for any reason, replace the board of directors by a simple written instrument – and the new board of directors can cancel the project.

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