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

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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

Answers:

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.


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