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What if Your COA Fails to Maintain Common Elements?
Arguably one of the reasons for the popularity of condominiums is the expectation that the common areas will be pleasant and well-maintained. Beyond any individual expectation, condominium associations have certain legal obligations to maintain the common areas, which includes making repairs when things inevitably break.
If your condominium association has failed to maintain the common elements, you have legal resources to protect your rights and financial investment as a homeowner. A first step would be to discuss your concerns with an experienced Fort Lauderdale, Florida real estate litigation attorney who can advise you on your legal options.
Are Condominium Associations Supposed to Maintain Common Areas?
In Florida, condominium associations are responsible for maintaining the common elements, which are those portions of the complex that belong to all the unit owners, such as the lobby, elevator, gardens, hallways, parking lots, swimming pools and fitness center.
However, Florida law also provides that the condominium association’s declaration of condominium, which is essentially its governing document establishing the condominium’s rights and obligations, may list other certain limited common elements (such as balconies).
These limited common elements are intended for the exclusive use of certain unit owners rather than the condo association. Unit owners, rather than the association, are responsible for their maintenance. For this reason, in the event of a dispute about common elements, it is important first to review the condominium’s declaration of condominium to determine who is responsible for maintaining the common area whose maintenance is in dispute.
Legal Consequences When Condo Associations Fail to Maintain Common Elements
If the condominium association fails to maintain a common element as required by Florida law, it could face certain legal consequences:
Breach of Contract
Because the declaration of condominium is a contract between the association and the unit owners, and because it normally will include the association’s duties to maintain the common elements, failure to do so could be considered a breach of contract in a lawsuit.
Negligence
If the condominium association’s failure to maintain the common elements leads to damages or personal injury, the association may be liable in a personal injury lawsuit for negligence.
Statutory Violations
Unit owners could sue the condominium association for failure to abide by Florida law’s requirement that they maintain the common elements under Florida statute Section 718.33.
Breach of Fiduciary Duty
The association’s board of directors has a duty to act in the best interests of the association, and failing to maintain the common elements could be considered a breach of this fiduciary duty.
Call a Fort Lauderdale, FL Residential Real Estate Attorney
At The Elliot Legal Group, P.A., the firm represents condominium association owners facing disputes with the association. If your condominium association is not maintaining the common elements as legally required, contact an experienced Oakland Park, FL condominium dispute attorney for a consultation at 754-332-2101.
