Legal Question in Real Estate Law in Florida

We are a small (135 coaches) mobile home park in Clearwater, Fl subject to Florida Statutes (718) governing condominiums, which includes mobile homes. Our Board of Directors have total disregard for our governing documents (we call it our Blue Book) as to provisions in the Declaration of Condominium, Articles of Incorporation, and By-laws sections of that book. There are provisions in our Blue Book that allow any resident to sue any other resident, or our association, for violations. Tallahassee is not much help as they are only interested in acting as figureheads of their little fiefdoms.

Obviously we could sue the board, but my real question is what do the stats say as to the success of suits of this nature succeeding in Florida?

I have chose "Real Estate and Real Property" as the closest type of law that covers my question, but that may not be the best choice.

Thank you.


Asked on 10/13/15, 11:26 am

1 Answer from Attorneys
Jean Winters Winters & Winters, PA

Are you sure your development is a condominium? If so, then the answer to your question lies in the language of your Declaration, but probably (unless your association is quite old) the association (or a member) can petition for arbitration with the Division of Condominiums, Timeshares and Mobile Homes for violations under FS 718.303 (1). The success of the suit depends on the nature of the cause of action and the merits thereof.

Read more
Answered on 10/13/15, 9:56 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida