When a Florida homeowner moves into a community that has a homeowners’ association, the resident will have to abide by the rules of the HOA and the neighborhood covenant. However, the HOA will also have certain obligations to the residents, which may include the upkeep of common areas and making repairs in certain situations. One woman finds herself in the midst of a complex dispute over repairs she needs that the HOA has neglected to complete.
Condo in need of repair
The resident lives in a condominium, and she claims the HOA is responsible for making certain repairs. She has cracks throughout her home on both levels, and they are quite concerning as they appear to be more than just cosmetic issues. When she purchased the home in 2015, there were no cracks in the home.
At the time she purchased the condo, it was disclosed to her that there was a problem with the concrete in the backyard and a slope that was caused by a leaning wall. However, she was assured the HOA would be addressing those issues. The HOA authorized a foundation lift project in 2019 for several condos, and the resident claims the cracks appeared and quickly worsened after this point.
Fighting the HOA
An HOA must adhere to the terms of a covenant with a resident. If repairs are needed, and the HOA is responsible for undertaking the project, the resident has the right to pursue legal action if nothing is done. A dispute with an HOA is complex, and a homeowner may benefit from speaking with an experienced attorney regarding the legal options available to him or her.