Legal Question in Real Estate Law in Florida
I purchased a condo in January 2008 located in Altamonte Springs, Fl. I wanted a gated communtity and this was advertised as one. The gates were in place but I was told they wouldnt be operational until March 2008. I said that would be fine. It is now October 2009 and the gates are still non operational. I found out that the gates are not up to fire code and can not be closed until they are moved and/or widened so that the fire/rescue vehicles can easily get in, otherwise they have to remain fully open all the time. The developer refuses to fix the gates due to the cost. Also figured into our HOA dues is "gate maintenance" of which I have been paying for almost 2 years. Where do I stand on this? Is it a breach of contract? What can I do?
1 Answer from Attorneys
It would be necessary to review the contract to know if this was a breach of the contract.