Whatt o do if my condo association has failed to rectify a structual problem with my unit?

I am a condo owner and a section my ceiling was busted open by a unit owner on the floor above me. I have been waiting for 3 months (with a large gash in my ceiling) for my association to fix it, as they have determined that the damage is structural. After several contacts and a formal letter, I still do not have an answer as to when the problem will be rectified. What legal actions can I take against the association and where would I begin?

Asked on September 19, 2012 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the condo association is responsible for structural repairs and is not fulfilling their legal obligation, the way to force them to do so is by filing a legal action seeking injunctive relief--a court order requring them to make the repair--based on the deed, HOA agreement, or other document obligating them to do this. The best way to get this done is to let an attorney file the action for you. If you want to do it yourself, then you can--contact your county court to find instructions and templates or sample forms.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.