Is it legal and what can I do if my condo association is refusing to give me money they received from our insurer for water damage to my condo?

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Is it legal and what can I do if my condo association is refusing to give me money they received from our insurer for water damage to my condo?

About 2 months ago, the condo above me had water leak onto my condo. The condo association has received money from the condo’s insurance company to fix the damage. However, they refuse to give me the money unless I sign an agreement that I wont ask for more money if more damage is found after the repairs are started. They also refuse to give me the money to do the work myself and say they will only give it to a contractor. What can I do? They are also either not returning my calls but they are making excuses to not go forward to satisfy me.

Asked on July 25, 2012 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I would hire an attorney on a limited basis to write a letter advising the condo that you will not waive your rights to make an additional claim and that they can not hold the money hostage.  I might send a letter first by certified mail retrun receipt requested advising the same and documenting your calls and their refusal to return same and then indicate that you will be seeking legal help and court intervention should they continue to ignore you.  Then do it.  Good luck.


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