Legal Question in Civil Litigation in Florida

Who is responsible?

I live in a community with a homeowners association. Membership dues to the ''villages'' I live in are paid through my homeowners association dues. My community sits on a private golf club, with a course directly behind a majority of the homes. The golf club is also a member of ''the villages''. I am not a member of the golf club. For the past 6 mo. the golf club has been doing a major rennovation to the course directly behind my house. This rennovation has caused extra monies to be paid by me to maintain my pool. Extra monies will have to be paid to clean the exterior of my home after this work is done. I have been unable to enjoy my backyard due to this rennovation process. What recourse do I have for damages done and/or will be discovered at the completion of project? House shakes etc. Legally, did not anyone have to tell me as a homeowner paying dues for the pleasure of living in the community and ''villages'' that this project was going to be undertaaken? Thank you for your time.


Asked on 8/25/07, 2:06 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Who is responsible?

The golf club and their contractor would be responsbile for any damages caused by negligence.

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Answered on 8/26/07, 10:28 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Who is responsible?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The chances are that this was discussed and voted upon by the Association either through the Board at a Board Meeting or by a vote of the general membership. If you did not attend or pay attention to mailings, then you have to deal with the consequences. Renovations are normal and necessary for golf courses over the life of the course. When you bought your residence, you should have realized that at some point work would have to be done to either make repairs or upgrades to maintain the standards the members want. You can go to the next board meeting and express your concerns and see how they respond. If you are not happy with the answers, then you should retain legal counsel to represent you with seeking alternative remedies.

Scott R. Jay, Esq.

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Answered on 8/25/07, 5:10 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Who is responsible?

The homeowner's association and/or the contractor would be responsible for any damages caused by the renovations if they were negligently performed. This probably would not include the inconvenience of noise and the like, but if the renovations cause any structural damage or drainage issues to your property, then you would have recourse.

They probably did not need to tell you about the renovations directly. I suspect, however, that there was some type of announcement in the community paper or at the board meetings open to the members of the community (but which you may not have attended).

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Answered on 8/25/07, 5:41 pm


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