Legal Question in Real Estate Law in Florida
Condominium law
My parents live in an adult
community on the top floor of their
building (8th floor). They both have
health issues. The elevators are
inoperable more than operable, and
the board assumes no responsibility.
What is their recourse? This is an
owner condo, with an association.
They often need help getting home
from the fire department.
4 Answers from Attorneys
Re: Condominium law
Under the Florida Fair Housing Act, the Condominium Association is required to make reasonable efforts to accomodate handicapped persons. An elevator is necessary for that purpose. Furthermore, the Board of Directors has an obligation to address these issues to ensure the community runs smoothly. Members of the Board of Directors have very limited liability but the Association as a whole can be compelled by court order to act to rectify this situation. Should your parents need formal legal representation pressing this issue further, I would be happy to speak with them about the nature of the legal representation and the costs of same. Thank you very much.
Re: Condominium law
Under the Florida Fair Housing Act, the Condominium Association is required to make reasonable efforts to accomodate handicapped persons. An elevator is necessary for that purpose. Furthermore, the Board of Directors has an obligation to address these issues to ensure the community runs smoothly. Members of the Board of Directors have very limited liability but the Association as a whole can be compelled by court order to act to rectify this situation. Should your parents need formal legal representation pressing this issue further, I would be happy to speak with them about the nature of the legal representation and the costs of same. Thank you very much.
Re: Condominium law
The association is responsible by law to maintain the common areas. Presumably this would include these elevators (a definition of the common area would be in the Declaration of Condominum)...
See Fla. Stat. 718.113
A failure to maintain something as essential as an elevator could expose the association to serious liability. And for good reason - this is a safety issue!
You might consider writing a strongly worded letter to this effect.
You can email me, as well, if you would like assistance in this.
Re: Condominium law
Under the Florida Fair Housing Act, the Condominium Association is required to make reasonable efforts to accomodate handicapped persons. An elevator is necessary for that purpose. Furthermore, the Board of Directors has an obligation to address these issues to ensure the community runs smoothly. Members of the Board of Directors have very limited liability but the Association as a whole can be compelled by court order to act to rectify this situation. Should your parents need formal legal representation pressing this issue further, I would be happy to speak with them about the nature of the legal representation and the costs of same. Thank you very much.
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