If My Condo Association Hasn’t Kept the Grounds Maintained, Can I Sue?
You love your condo. It is a place of comfort and refuge. One of the great things about living in a condominium is the many services that are provided to you. If you are part of an association of condo owners, then you will be relieved of the burden of keeping up the grounds. The board of directors of your association are responsible for this job, and it is right for you to hold them to it.
The general appearance of your condo community has a significant impact on the value of your property. The grounds of the community should be kept tidy and well-manicured. If your condo association fails to do this, then they must be held accountable. You and the other owners may need to hire a South Florida condominium attorney to force the hand of the association that you fund and oversee.
When Your Association Fails
Many people purchase condos because of the perks of living in a planned community. If you are a busy person or someone who likes to spend their off-time in leisure rather than doing chores, moving into a condominium community that has an association is perfect. You should be able to depend on the association to repair broken facilities, remove dead and dry grass, keep up the club house and fitness room, and carry out a range of other maintenance tasks. If your association fails to do these things, it can lead to a reduction of the services you enjoy. If your association is not diligent in keeping the grounds maintained, it can lead to the reduction of your condo’s value. This cannot stand, and it is right for you to hire a South Florida HOA attorney and to get into the matter legally if the problem is not resolved.
Before you escalate matters to the legal level, there are initial actions you should take to remedy the failure of your association. They include:
- Sending a complaint to the board of directors
- Removing certain members of the board of directors
- Amending the governing documents
Taking these steps may move you closer to a solution. In most condo communities, the HOA is responsible for the maintenance and repair of common areas. Everything from maintaining heating and lighting in the clubhouse to providing proper landscaping services for common parks is in their remit. If they fail to execute, it is a problem. However, in many instances the problem is not systematic; it is personnel-driven. If you remind the people on the board of their obligations or have one or more of them removed, you can get the outcomes you desire.
You Have a Right to Sue
If you have approached the HOA about their failure to maintain the grounds and you have not received an adequate response, then you can file a lawsuit. This is your right, and you don’t need the consent of the other condo owners to hire a Florida condo attorney and take legal action. You can sue the HOA for breach of covenant or negligence.
South Florida condominium attorneys have a great deal of expertise and experience in these matters. They can help you get the language right in the lawsuit. The success of your lawsuit in many ways depends on the language you use in it. Florida condominium association law is very detailed. To win against the association, the charges you file must be precise and exact. You must be able to point to material failures on their part and you must present evidence to back up your claims.
The lawyer you hire will help you gather the facts of your case and put it together. You should speak to a Coral Springs association law attorney at Bakalar & Associates if you need to sue your HOA for neglect.