Legal Question in Real Estate Law in Florida

Could one sue the condo association for way too high maintenance fee?

624 SQ- $ 358. monthly maintenance fee.

I not able to sell my small place because of it.

If I will go forclosure or short sale that my only option recording real estate agent, I will loose my good credit. Is there something else I could do?


Asked on 6/25/14, 3:21 pm

1 Answer from Attorneys

Jean Winters Winters & Winters, PA

You need to review your Declaration of Condominium. Generally, the answer is the association can raise fees as it deems necessary to maintain the property. Florida law says even special assessments can be levied without a membership vote - even where a Declaration requires it- if necessary for maintenance (and not an improvement).

You could review the budget and financial reports, and see where the money is going. That might be a clue as to what is actually required to maintain the property. You can ask for access to review the official records, specifically the budget and financial records. State law requires that the association provide you such access.

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Answered on 6/25/14, 6:04 pm


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