Legal Question in Real Estate Law in Florida
30 Day Response Requirement Neglected
The rules and covenants of our association specify that architectural changes must be submitted to the architectural review board for approval. It goes on to state that, if no response is received within 30 days, the request is to be considered approved, and this section has been fully complied with.
I submitted a request for a chain link fence, and it was disapproved with the notation, ''FENCE MUST BE WHITE ALUMINUM ONLY.'' I waited 2 months, and submitted an additional request for a wood shadowbox fence. This time, 45 days elapsed before I received a response. I proceeded to erect a wood shadowbox fence. The association argues that since they told me the first time the fence MUST be white aluminum, it does not matter that they did not provide a timely response to my second request. They are requesting i remove the fence and are now threatening legal action. I believe I followed the rules. Please comment.
1 Answer from Attorneys
Re: 30 Day Response Requirement Neglected
I can understand the position of each side. I believe that if the parties remain resolute the issue (question)will be decided by a judge. In such event the non-prevailing party will end up paying the other's atty's fees.
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