Common disputes between condo associations and owners

Owning a condo in Florida comes with many perks. However, it can also come with a challenge: dealing with the condominium association. On the flip side, being a member of the board can be frustrating thanks to problematic owners. Both parties play important roles that can sometimes conflict with each other.

What starts out as a simple complaint can turn into a legal dispute between the association and owners when they cannot resolve the matter. This happens for many reasons, including for these common issues.

Maintenance

If the association manages the buildings itself, it may not be the best at maintaining the residence due to a lack of professional experience. It can also be the result of insufficient funds. The association and owners may also disagree on who is responsible for certain repairs, replacements and upkeep.

Compliance with bylaws

The association is responsible for writing and enforcing bylaws. It is likely to face an owner who refuses to comply. Owners may argue that these rules and/or the association’s behavior violate state laws, federal regulations or civil rights.

Fees

Fees often change depending on how new the condos are and how much reserves the association has, among other factors. An increase in price may come as a surprise to an owner, who then withholds payment. This can cause legal and financial ramifications for the owner, including the possibility of foreclosure, as it is a breach of contract.

Contentious attitude

It is inevitable that conflict will occur, but it does not have to lead to contention. When either party comes in with a fighting or superior attitude, it can aggravate the issue, making it harder to solve an already difficult problem.

Prevention tips

The best measure to take in these situations is a preventive one. Condo associations should ensure they are in compliance with the law, and owners should know the rules and involve themselves in the association to advocate for change. Both parties should be open to negotiation.

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