Is my condo association responsible for soil erosion which caused my lanai to break up?
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My villa has steeply sloped common area on the back where my raised cement lanai is located. The lanai is not part of the common area but it sits on ground that was common area. The lanai has cracked all the way across and is slanting and is pulling the screen enclosure away. Is the Association responsible for regrading the land under the lanai back to level?”
Asked May 15, 2019
Your property has suffered soil erosion and has become damaged in the process. You want to know if the HOA or condo association is responsible for the damage on your property. Well, according to certain associated from the HOA here in Florida, they are only responsible for a few minor things. including taking care of the retention pond(if there is one) and other maintenance property issues.
This is one subject that is not going to have an easy answer. The reason is that a lot of the answers lie in your government papers. Some argue that the HOA or condo association is completely responsible for what has happened to your property. Others say you are the one who is responsible, especially if you live on private property here in Florida.
You may live in a community, but your property may be deemed private by your landlord or other building managers. The best thing I can tell you to do is pay a visit to your landlord and a member of the condo association first. Ask them what they recommend. They should also have a list of requirements in the paperwork for your property.
You will need to look over those papers to be certain. You should also talk to your insurance company, in case you are asked to file paperwork with your landlord or condo association committee. Some of them can be reasonable to talk to as long as you word your issue carefully.
I also suggest going to your local government agency. Ask them what you should do. I suggest you use that as a last minute thing, just in case you do not get anywhere with your landlord.
Sometimes the laws can be sketchy down here in Florida. What is legal at a Federal level is not always legal at a state level.
Answered May 15, 2019 by fl_pc