|
Q
& A
Question:
BACKGROUND:
Condo consists of 54 townhouses built in 1974 with upper
deck with concrete slab for use as an outside deck.
PROBLEM:
The
association has allowed "add-on rooms” to be built on
the deck slab. A roofing consultant's report dated
AUGUST 2006 noted that most, if not all these rooms, were
built so that it will not be possible to replace the flat
roofing cap sheet (now is modified bitumen membrane) without
significant removal of some sections of these rooms that
abut the membrane.
Question:
Can
the association now require the present owners of these
units to be responsible for the cost of the removal and
replacement of significant sections of the rooms to allow
for replacement of the cap? Over
the years the boards have:
-
Required
the owners to submit “add-on room” specifications
from the builder;
-
Approved
the specifications;
-
Failed
to insist on a building inspector’s evaluation; and
-
Failed
to submit the specifications to a roofing/building
expert for approval.
Of
course, the present owner may or may not be the owner who
added on the room. There are also additional problems
with the way air conditioners were placed, as to whether or
not the air conditioners have the necessary attachment to
the roof and if they have correct drainage that will not
damage the membrane.
K.B.
in Tampa
Answer:
The
Association may have a problem enforcing this requirement,
since it approved the changes. This may come under the
legal theory of waiver, laches or promissory estoppel.
I am not sure about any of these legal theories and their
application to your case, so you need to consult with
other attorneys to get a definitive opinion.
Barry
Silver, Esq.
Question:
1.
What recourse does a unit owner have when a complaint is
filed and the DBPR investigator shows bias in favor of
the association, taking their verbal word as gospel while
ignoring written documentation supplied by the owner?
2.
Can a unit owner file a complaint through the State Attorney
General against a DBPR employee who is either
incompetent or biased in favor of the association?
3.
Is DPBR required to provide, upon request, documents and
records that pertain to a "complaint" filed with
them?
J.P.,
Dunedin
Answer:
Bias
and incompetence are hard to prove, and I don't know if
there is anyone watching the watchdogs, so I don't know who,
if anyone, you could complain to officially.
However, I would certainly write to Governor Crist, adding
your voice to Jan's voice by observing that if the governor
wants to cut taxes, he can start by eliminating the jobs of
people who are biased or incompetent, or both.
Barry Silver, Esq.
|
