Legal Question in Real Estate Law in Florida

Re: Condo Ruling on Additions

As the owner you are responsible for the

condition of the property and correcting

any problems. Although you may have a

cause of action against the sellers and

the association, that would require litigation

that would probably be more expensive than

the amount of recovery. I suggest you seek

the advice of an attorney, but make sure

you seek advice on what is the best way of

handling the matter, not just on who can yuou sue.

Re: Condo Ruling on Additions

You, as the owner, have a problem. You should make inquiries on various fronts. One, review your contract, and corresponding rights, as to the seller re: representations, disclosures, etc. Two, the Condo Association should have provided you with an estoppel letter as to violations, etc. Their failure to do so does not necessarily put you in the clear, but you should find out what the Association knew and when they knew it. The Association has an obligation to enforce the rules and to protect the common elements (have they fined you? this could create a lien on your property). You may be able to still obtain an after the fact approval from them for the addition. Three, the local municipality will step in and require proper permitting. There is substantial case law in Florida re; Condo Association and Homowners' Associations and their rights to approve and disapprove additions. In short, you will most lkely have to remedy the violations, which are (1) construction without Condo approval and without permits and (2) the encroachment problem There is also great future potential liability if the structure is the casue for damage to adjoining property or people (e.g., a hurricane). Consult an attorney in your area as soon as possible. There are many other factors to consider prior to making a recommendation although I am inclined to believe that you will have to do something to remedy the situation and the question will be whether you or your seller will pay for it. Lastly, become friendly with the Board, do not antagonize the members, it will go a long ways towards a happy ending.