Legal Question in Wills and Trusts in Florida

Hi,

We have a quick question. We just bought a condominium in Florida but we didn't realize that this particular unit had a higher ciment walls balcony that preclude us to see the ocean view when sitting in it and inside the unit. We bought it last December 14th, thinking that we will be able to enjoy what we have pay for, an ocean direct view. But with this 41 inches hight walls, we haven't even been in that balcony. Nothing fun in sitting in front of a ciment wall ! The building is the Alexanders Tower, in Hollywood. 3505 S. Ocean Drive, unit 1212. There is 268 units and we counted about 12 that are in the same situation of us. All the other as a lower ciment wall and a rail to compensate for the hight and that permit the view to go trough. We ask the manager and the president of the building if we could pay to get the same as the other, without any change to the esthetic aspect of the building, but our request was denied. They don't have any record of when the changes to the others balconies were done but they think that it was before the conversion from hotel to condominium ( in the 80 th or 90th ?)/ before they exist as a Condominium's association. We suggested that we could pay for a architect / ingeneer that will attest that we wouldn't alter the solidity of the building but the building's manager and president just don't wan't to hear about it.

We bought it in good faith, but rapidely because we were not leaving in Florida. As a matter of fact, we were interested by an other unit (that didn't have that view problem) but it was a bit more expensive, and we visit our current unit just for the seek of it, as we wanted the other one. We put an offer on the other one that didn't pass, so, we bought our unit as a second choice, thinking and told verbaly by the realtor, that it was the same think as the other one, anyway, with just some less uptdate made.

Here we are... We don't know what to do. We bought an ocean direct condo for the view and thinking that we would be able to enjoy our balcony for the morning coffee, the glass of wine, the souper.... but the reality is that we do not enjoy it at all.

Is there anything that we could do ? Any advice would be much appreciate.

Please accept in advance my appologies for the mistake as English is not my first language.

Regards,

Isabelle and Bruno

1-819-210-7757 1-819-210-7757

[email protected]

Isabelle Borr�, M. Sc.


Asked on 1/06/10, 5:41 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Why don't you construct a small platform that your chairs would be on so you can see the ocean. Nothing really you can do to force a change or undo the deal. You bought it and this condition was readily apparent.

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Answered on 1/11/10, 9:06 am
Lucreita Becude Lucreita D. Becude, P.A.

I agree with Mr. Wagner. With the platform, you won't be looking through rails.

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Answered on 1/25/10, 9:50 am


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