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LorneP (Florida)
Posts: 3
Posted:
Last August there was a storm drain breakage 125ft away from common area responsibility. The President of the bldg. where the breakage occurred just happened to also be the President of the common area. I was on the board at the time and was not involved or aware of the situation. When I approached our Management company I was told that the President authorized the invoice to be paid out of common area funds and they complied. In January of this year I was elected President of the common area and when reviewing past expenses I noted a large expenditure for ground maintenance. As a result of research the board voted and requested our money back. There were two invoices, one for $1800.00 for repairs to the line of which the association agreed to re-imburse, however the second invoice was for $2329.00 account having to come back and flush the lines as the water would not flow. This invoice they refused to pay. Since they admitted responsibility for the original invoice are we wrong to suggest that the second invoice be paid by them as well. And if you concur is it worth pursuing in court. Need some advice. Many thanks.
NancyD1 (Florida)
Posts: 447
Posted:
Lorne,
You have not explained fully how your properties are set up. The financial responsibility of each? The division of each? Why are you divided and paying separate bills?
Can we assume that this is a large development where common property dues are apportioned separately?
LorneP (Florida)
Posts: 3
Posted:
Sorry for not explaining fully. We have some 6 bldgs. in our association. Each are operated independently of each other and each have their own boards . The only common element is that of our recreation association which is common to all, this includes the pool, rec. hall, and a park. We also have a maqp outlining the common element which doesw not include where the breakage occurred.
NancyD1 (Florida)
Posts: 447
Posted:
Lorne,

Who does the storm drain service? If it is runoff from the whole community it should be considered a common expense.
LorneP (Florida)
Posts: 3
Posted:
That is the main issue, we do not really know what buildings use this line. We have gone to the city in search of plans but to no avail. What we do know however is that three of the six buidings water flows in other directions. Does this then mean that the entire community should pay.
BrianP2 (Florida)
Posts: 1
Posted:
Nancy.....If the new Board votes to have the $2329 reimbursed to the common Association, doesn't the Management Company have the legal obligation to carry out the order? Then it would be up to the Association that had the problem on their portion of the property to then try and get back the amount that they feel is due them and leave the Common Association out of the picture.

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