When Should I Sue a Condo Association?
Living in a condominium suits your lifestyle. You enjoy the size, layout, and appearance of your condo. As a member of a larger association, you get the advantage of a range of facilities. For your membership fees, you also receive a range of maintenance services that keeps your home in good material condition and that ensures that the grounds are well-maintained.
If your association does not fulfil its part of this agreement, then you should take action against them. Although most condo associations make a point of adhering to the highest standards, others prioritize revenue and profits over client needs. They may engage the least expensive contractors without regard for their effectiveness and reliability. They may also keep a small staff that struggles to track and address the complaints and trouble calls submitted by homeowners.
If your condo association is unresponsive to your calls, texts, emails, and other attempts at communication or if they have simply failed to do what they promised, then you may need to elevate the matter legally. South Florida condominium attorneys specialize in this kind of work. They can help you calibrate your response to a deadbeat condo association and get results or compensation for damage and deterioration that you have had to spend your own money to fix.
You Need Not Sue Immediately
Hiring South Florida condominium attorney is the first step to take in preparation for a fight. But litigation is not the first step in this process. A Florida condo attorney can help you investigate why the condo association is not responding to your queries or not doing its job. The failure of the association may come down to administrative changes, errors, or miscommunication. If that is the case, your lawyer will remind the association of its responsibilities, demand that they resolve the issues at hand, and hold them accountable for doing so.
If the association has no good reason for its non-performance, a strongly-worded letter from your lawyer may be enough to get them going on the issues that you have outstanding.
When You Are Forced to Take Legal Action
Condo associations have lawyers as well. Unfortunately, their legal team is paid with the dues that you and other condo owners pay. They may use sections of Florida condominium association law to delay action on your request or deny it altogether. At this point, you may need to sue the association to get relief.
Entering into litigation against your condo association can be expensive. However, it will be worth it if you have had to spend considerable sums of money to fix discrepancies that should have been covered by the dues and insurance you pay. If the condo association has not maintained the common elements of the condo community or has failed to keep the property safe, then you are well within your rights to seek relief. The condo association should also make reasonable accommodations under the Fair Housing Act. If the association indulges in discriminatory practices, it has serious legal exposure which can lead to long-term damage to its reputation and finances.
Even if you have been forced to launch a lawsuit against your condo association, the case need not go to trial. It may be possible to settle the dispute amicably. Or, the association may be willing to offer you an acceptable sum of money that offsets your expenses and make a commitment to carry out the duties that are within their remit.
Condo lawyers will only pursue litigation if they believe the case is winnable. If an attorney decides to take your case, then the facts and law are probably on your side. If you are having problems with your condo association, then you should contact a Coral Springs association law attorney at Bakalar & Associates. They can help you review your legal options.