Legal Question in Landlord & Tenant Law in Florida
Townhouse Issue
I am a 2+ year owner of a townhouse with water views in Florida. A recent, destructive new neighbor has decided he wants to build a new structure on his third story where he has no existing living space and I do. The homeowners have voted it down, but he insists he has approval from the city to block a third of my view in building a new bedroom on the third floor. This would kill my property value. How should I proceed to insure my lifestlye continiues without a major block to my view and thus, resale value?
2 Answers from Attorneys
Re: Townhouse Issue
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.
If the Association has said no, and he is a member of the same Association as you, then it is up to them to take the necessary legal action to make sure that he does not violate their edict. You should go to the next Board of Directors meeting and demand that they take the appropriate action to enforce their decision and hopefully protect your interests.
Scott R. Jay, Esq.
Re: Townhouse Issue
If the association has refused permission, you should ask the association to take him to court or if they will not do it you should consider it yourself. If you would like to discuss the matter further, please call my office.
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