Legal Question in Real Estate Law in Florida

My HOA wants me to remove a dryer vent that was installed longer than what should be enforceable. I've read that in Florida that time is 4 years. The issue has been dragged out for probably over a year and now they're saying they're going to have it removed and charge me through maintenance fees. Is that even legal for them to do? What kind of attorney could help me in this case?


Asked on 1/16/18, 5:45 pm

1 Answer from Attorneys
Jean Winters Winters & Winters, PA

What you refer to is the statute of limitaitons and for contract that is 5 years, but that depends on the cause of action the Association pursues. You are well within that time. If your Declaration of Covenants prohibit a dryer (dryer vent), then you should remove it. Many Declarations of Covenants have language authorizing the HOA to remedy a violation if you don't, and to charge the costs to you as an assessment. I urge you to review your covenants (in the Declaration), and comply with them. If the HOA sues you, you could be liable for their attorneys' fees and costs, in addition to the charges for removal of the vent. If the HOA is entitled under the Declaration to charge the removal as an assessment, the HOA could also foreclose on your home.

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Answered on 1/17/18, 1:10 pm


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