Legal Question in Real Estate Law in Florida
Condo Assoc Rips Out My Wooden Deck and Won't Replace It
I live in a condo complex in Altamonte Spgs, Fla. My upstairs unit has a door leading from the mstr bedroom to a 4 foot drop to the roof of a 1-story section of the condo. There used to be a wooden stairway that led to a wooden deck running the length of my condo.
The Condo association ripped the deck out to repair the roof of the 1-story section of building underneath. They refuse to replace the deck.
The deck was there when I bought the condo. I want to sell the same condo I bought. The Condo association says they can't find where this isn't ''common'' property. There have been 2 owners in the unit since it was built. Me and the guy before me. Never in the history of ownership of the condo has there been ANY way to get to that deck other than from my master bedroom. For them to have ripped out the deck, they needed ladders to get up there to do it.
Now I have a door that leads to a dangerous drop to a roof below.
I have the property appraiser's appraisal from when I bought the condo & the deck is included & pictured. I refinanced, & that appraisal also includes the deck. Again, I refinanaced, but the deck is no longer listed as an asset on my property. My property value has been compromised by them.
1 Answer from Attorneys
Re: Condo Assoc Rips Out My Wooden Deck and Won't Replace It
Simple. If the deck was originally built with permits and approvals of the condo then they should have been aware of the potential problem involving removal of the deck to fix the roof. They should replace the deck. If it was built without permits and approval it was done in violation of codes and rules and your title insurance carrier should have picked it up when you purchased. You may have an insuraance claim against them. Good luck.
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