Legal Question in Real Estate Law in Florida
In August of 2004 my wife and I submitted plans for the intallation of a new manufactured home on lot #486 (135 Marine Lake Drive) in Park Lake Estates in Pembroke Park, Florida.
On August 18, 2004 Martine Wooley, the Property Manager wrote a letter to us to confirm that our request to install the new home had been approved.
In January o f2005 the home was installed on lot #486 and final inspections and Certificate of Occupancy - Final was issued by the Town of Pembroke Park on February 23, 2005.
We have lived in this home continuously for the past five years and recently we put our home up for sale. A prospective purchaser, was interested in our home for the price of $370,000 and made three separate trips to inspect the home. On the third trip, a Board Member and Chairman of the Construction Committee came with the prospective purchaser. At that time and for the very first time, the Board Member told me that my home could not be replaced exactly as it is in the event of catastrophic damage because of the close proximity o fa neighbor's TV room. The TV room extension on the neighbor's house is four feet-eight inches from the rear of our home. He said the rule is that the extension is supposed to be 10 feet from another house's living space and that I should file a complaint against the owners of that house (137 Marine Lake Drive) to have the room removed. I refused to do that as I did not want to start a war with my neighbors and told him so in front of the prospective buyer. That buyer subsequently withdrew his interest because of the Board Member's statement meaning that my wife and I lost a $370,000 sale due to the Board Member's comments.
The TV room in question has beenin place for the past 21 years according to my neighbor who has livedin th ecommunity for that long (133 Marine Lake Drive) and that the TV room was in place when th eapproval was given for th einstallation of my home by the Park Governing Body and the Town of Pembroke Park and the Board Member in this matter was on the Board at that time and was also the Chariman of the Construction Committee.
If there was a problem with the TV room being where it was, it should have been made known to the owners of 137 Marine Lake Drive and my wife and myself before approval of the installation of our home was given, but nothing was ever said by the Governing Body of the community or the Town of Pembroke Park.
I have not received any official declaration from the Governing Body of the community or the Town of Pembroke Park stating that I cannot replace my home if it is catastrophically damaged beyond repair.
We feel trapped in our home and cannot sell it becaue of the actions of one member of the Governing Body of the community.
Do we have legal recourse?
1 Answer from Attorneys
You always have legal 'recourse'; the real question is whether it will be effective. Based on your description, I cannot give an opinion. You might have a stronger case if the Board Member intentionally made the statement in order for you to 'lose' the sale. But that is a hard burden to prove. However, my experience has been that when there is a violation of zoning or 'Park rules'; the offender must come into compliance. In this case, it might be your neighbor.
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