Legal Question in Real Estate Law in Florida
Good Morning,
My wife and I built a pool with a small roof and screen enclosure approximately a 1year ago. We submitted all plans to HOA for approval and received the authorization. All permits pulled by contractors and all went will. The HOA management onsite rep would periodically come by and inspect the project and sometime sending a notice of violation for small items like dead grass etc. at the completion of the pool she came back and did a final inspection and raved how beautiful and approved the project. We received our $1500 project deposit back a short time later after the inspection. 6 months later we were served papers indicating �erecting structure without approval� (screen enclosure/roof) giving us 7 days to remove the structure or elect pre mediation. We did not receive a violation notices or any fines notification relating to this issue. I�m embarrassed, confused and obviously need an attorney now? In the papers it indicates, do not contact the HOA or the management company relating to this issue. This screen and roof cost $20,000; it would not be feasible to remove it.
2 Answers from Attorneys
If you received authorization and filed all permits how is the screen and roof unauthorized?
Who served you these papers? The City or County or the HOA? There are crucial facts missing from your fact pattern. If you were served with a lawsuit you have 20 days to respond to that so you need to get your attorney asap. You should respond in writing to whomever served you these papers providing the approval and authorization which you did receive. Sounds like there is a disconnect between approval and notice to remove.
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