Legal Question in Real Estate Law in Florida

Condominium

Bought 1st floor condo 5/01,has12/21 addition which asso.states is my responsibilty.2nd fl.owner has 14/22

wooden deck which sits on my roof.Both were added 18yr

ago on a handshake between the parties who owned at that time, now deceased.Nothing recorded in condo docs. My roof is leaking, had to remove ceiling, sheet

rock,insulation.2nd fl.owner refuses to remove deck unless I sign agreement she can put deck back on roof.

Roofers will not warranty if deck goes back,hired structural engineer he states roof not stong enough to support deck. 2nd fl.owner won't consider freestanding deck.I have been held hostage since 10/01

1 How do I get my roof repaired,don't I have the right to protect my property even though it'a condo?

2 Do I have to have a deck on my roof,if so would I be financely responsible to reinforce my roof?

3 Deck has about 1500lbs.of weight on it, plants (etc)

that and lack of maintainence (can't get to)reason for leaking. Unable to use this room at all,currently raining,tarps and buckets everywhere when rain stops we'll get mold.Condo Asso.will not help,Lawyer got nowhere,what can I do? thank you for any assistance you can give me.


Asked on 2/11/02, 12:15 am

1 Answer from Attorneys

Joel Cohen Joel M. Cohen,P.A.

Re: Condominium

You have a significant problem that can be remedied. Please consult a real estate lawyer that specializes in condo issues (not me).

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Answered on 2/12/02, 7:42 am


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