Legal Question in Personal Injury in Florida

Broken elevator in 55+ community

Can a HOA not pay overtime to fix the only elevator in a 4 story building? This is a 55+ community. My father is 79 and his neighbor is 86. The pres. of the HOA said, ''there arent' that many old people'' in the building. It won't be fixed for 4 or 5 more days, which will make it a full 7 days. The work crew said the HOA refused the weekend rate. Is this legal? What if my dad slips on the stairs or worse, there's a fire? I don't know what category this question belongs in. Elder law? Discrimination? Real Estate? I picked Personal Injury. Hope some one can answer me quickly. Thanks


Asked on 5/23/09, 10:04 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Broken elevator in 55+ community

There is no way to require it. If your dad gets hurt because the elevator is not fixed quickly enough, perhaps he would have a claim, but it would depend on how the accident happened and when it happeneb. For instance, you might have to prove that overtime would have made a difference (i.e., if he gets hurt in the first 2 hours the elevator is down, well, paying overtime would not have made a difference). It might be a good time for a quick vacation with your dad to get him out for a few days.

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Answered on 5/23/09, 10:43 am


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