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Association letter demanding repairs within 7 days in Florida. No statue, ect. is mentioned and I cannot find any authority upon which this demand is

Started by LisaC20 • 15 replies • 758 views

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LisaC20 (Florida)
Posts: 1
Posted:


My condominium building is incurring severe water usage just recently. The county agency is also involved in this matter. I was advised that an inspection was scheduled and received a citation. Subsequently, I received a demand letter stating that this issue was to be resolved within 7 days. I am try to determine upon what what authority they are relying, statutes, etc. I feel though I am being subjected to a bully tactic. Incidentally, there were two inspections. I was not cited on the first and on the second the plumber notice a couple of drops from the shower faucet, thus the demand letter. In my opinion it was a very poorly written letter since no applicable authority was cited.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
So let's say you get what you want. They site the rules in your documents. Are you still not going to do it?
Former HOA President
MaxB4
Posts: 3,513
Posted:
Disregard Melissa, she lives in an alternate universe providing alternate information.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
So Max where is your substance?
Former HOA President
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By MelissaP1 on 05/31/2021 10:32 PM
So Max where is your substance?

I would disregard the letter as it is pure nonsense.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Not exactly the same situation, but this article addresses Florida condo associations' right of access to units for maintenance issues:

https://www.naplesnews.com/story/money/real-estate/2021/05/29/water-damage-condominium-building/7427965002/

TL;DR: your home is not necessarily your castle when you live in a condo.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I would listen to Cathy. Usually pretty good at giving advice and addressing the OP and not other posters. Some here seem to lose sight of that...
Former HOA President
DouglasK1 (Florida)
Posts: 2,046
Posted:
Even if they don't really have the legal authority to require you to make repairs in 7 days, it might not be worth fighting. If they assessed fines, you would probably have to sue to get a judge to overthrow, which could easily end up costing thousands of dollars on both sides.
Escaped former treasurer and director of a self managed association.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By LisaC20 on 05/31/2021 7:53 PM
My condominium building is incurring severe water usage just recently. The county agency is also involved in this matter. I was advised that an inspection was scheduled and received a citation. Subsequently, I received a demand letter stating that this issue was to be resolved within 7 days. I am try to determine upon what what authority they are relying, statutes, etc. I feel though I am being subjected to a bully tactic. Incidentally, there were two inspections. I was not cited on the first and on the second the plumber notice a couple of drops from the shower faucet, thus the demand letter. In my opinion it was a very poorly written letter since no applicable authority was cited.
Individual condo units are not metered for water use, correct? Your condo association declaration likely indicates, in so many words, that the condominium association pays all the water bills.

FS 718, section 718.112 (3) states:

"OPTIONAL PROVISIONS.—The bylaws as originally recorded or as amended under the procedures provided therein may provide for the following:
...
(b) Restrictions on and requirements for the use, maintenance, and appearance of the units and the use of the common elements."

If your Bylaws have words concerning water usage; how owners are to maintain units; or similar, then this means the COA is on firm legal ground when it regulates how you maintain your unit's water pipes.

In my opinion, it's on you to know the "authorities" and be cooperative when the COA is dealing with a serious water leak.
LetA (Nevada)
Posts: 2,679
Posted:
Yes your HOA can do that, it is just simple boilerplate wording to give people a deadline. Don't ignore it, be proactive with your HOA. If you have a contractor working on your issue, info the HOA on the work in progress. Ignoring letters or the HOA entirely will cause them to bring out the big guns and then it will cost you..

I'm going to go out on a limb and say that you insurance carrier is slow to issue a payment to cover the damage cough cough.

We have an owner for some reason his garage door was busted. It look like the police swat raided the house and the garage was all boarded up, add to that the owner is more than a year behind in assessments. What would you think?? The PM sends a violation hearing letter, That got their attention. Turns out the insurance is slower than a turtle to pay the claim.

My point is always be in communication with your HOA..

MaxB4
Posts: 3,513
Posted:
Quote:
Posted By LetA on 06/01/2021 11:03 AM
Yes your HOA can do that, it is just simple boilerplate wording to give people a deadline. Don't ignore it, be proactive with your HOA. If you have a contractor working on your issue, info the HOA on the work in progress. Ignoring letters or the HOA entirely will cause them to bring out the big guns and then it will cost you..

I'm going to go out on a limb and say that you insurance carrier is slow to issue a payment to cover the damage cough cough.

We have an owner for some reason his garage door was busted. It look like the police swat raided the house and the garage was all boarded up, add to that the owner is more than a year behind in assessments. What would you think?? The PM sends a violation hearing letter, That got their attention. Turns out the insurance is slower than a turtle to pay the claim.

My point is always be in communication with your HOA..


Could you let us know which thread you are replying to? In this instance. the HOA didn't send anything, nor is there required to be communication back to the HOA or PM. A couple of drop from your shower, IMHO, doesn't constitute "severe water usage".
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Max as long as we have been posting here, we all here realize there is usually MORE to the story than what posters post first time. We can get a sense of the situation the best we can. Where you see "A drip in the shower" could mean much more deeper issues. I too can think "Wow just a drip in the shower and this is the reaction???". However, from my own personal experience currently it's not that simple.

Currently I have a shower stall on my 2nd floor. That bathroom originally was just a half bath. Previous owner converted it into a full master bathroom taking away from a bedroom. I noticed water spots on my ceiling below it. No visible drips at all. Thought may have been from a previous repair prior to me moving in. It seems that it actually may be an actual crack in the bottom of the bathtub. I can't see it but believe it opens up upon weight shifting.

So if I had a "dripping shower" and a small crack in the bathtub, can it not be conceivable my neighbor below (if existed) may be experiencing a dark stain or drips coming into their unit? Would you not expect the HOA to request that I do something about that "drip"?

So instead of insulting the advice of others, why not help the person whom is asking the question?
Former HOA President
MaxB4
Posts: 3,513
Posted:
Melissa,

I know this is difficult for you to comprehend, but where in the story does it even mention damage, a stain, another neighbor, anything?

The poster stated "severe water usage" and hasn't posted back. Who's reading what into what?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Lisa

is there a water issue in your unit?
CathyA3 (Ohio)
Posts: 6,299
Posted:
For what it's worth, things like a dripping toilet or a water softener that regenerates constantly can cause dramatic spikes in water usage (how people can live with the noise is beyond me, but they do). Our former PM monitored usage in our buildings, notified the board if usage jumped, and notified everyone in the affected building. And yes, we stayed on it until the problem was identified and resolved.

The OP mentioned the county getting involved, although not to what extent - so can't draw any conclusions from that. May have been nothing more than the county water department sending a bill to the HOA, which is business as usual.

Anyway, this whole thing sounds like a common event in condo life, where the association pays for water and gets involved if usage is suddenly out of line with historical patterns. Sounds like everyone is doing their jobs (poorly worded letters notwithstanding).

KerryL1 (California)
Posts: 14,550
Posted:
What Cathy wrote has been our experience in our high rise condos, too.

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