Legal Question in Real Estate Law in Florida
Condo Ruling on Additions
I boght a condo with a sun room/porch. the porch was built as an addition without written approaval and without a permit. The porch was added ten years ago by the previous owner. It aslo encroaches 6 inches onto common condo property.
What right do the other 3 owners have. can they force me to tear it down. they were all owners when the title tranfered to me and they did not say anything at that time. now i am trying to sell and they are trying to hold me responsible.
Any advice?
2 Answers from Attorneys
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.