Legal Question in Real Estate Law in Florida

Hi,

There are six side-by-side units in my condo building in Florida. There are two outside lights near my front door. I have full control of the one nearest my door and accept its maintenance as my responsibility. The second light is on the building structure as are similar lights near the five other units. These building lights are each hard-wired into a unit's living room circuit.

The building light nearest my unit developed a problem that will require an electrician's skills. I was told by the Association that I am responsible for repair costs. I was also told by the Association that these building lights must be kept on at night because "The streets are very dark and for the safety of everyone it is IMPORTANT to keep the front of our homes well lit."

I believe that the building lights are common elements and should be maintained by the Association. Am I correct?

Florida condo law is here:

http://www.flsenate.gov/STATUTES/ (select Title XL/Chap. 718)

Thanks!

Bob

[email protected]


Asked on 12/03/09, 6:55 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

You can find the answer in your HOA documents that define common elements. If they are not common elements, then you have no obligation to keep your lights on.

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Answered on 12/08/09, 8:04 am


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