Legal Question in Real Estate Law in Florida
Roofing Problem
We own a town house which has an attached roof. We need a new roof but the owner of the ajoining roof does not want to replace theirs. Is there anyway they can be forced to redo their roof. The community assocation changed from concrete tile to shingle. so the replacement would now be shingle. The concrete tile that used to be on the roofs is no longer available.
1 Answer from Attorneys
Re: Roofing Problem
The answer to this question depends upon the terms and conditions of the TownHome documents. If a Condominium, then a determination must be made whether the roof is part of the common elements subject to Association control. If a zero lot line townhome, then the owner may control the roof. However, in any event, if it can be proved that failure to repair the neighbor's roof will cause a risk to the homeowner, action may be brought. A real property specialist in the County where the property is located should be consulted. Bring the townhome documents with you to any appointment.
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