Condominiums are unique in that the individual owner’s of a condominium agree to be bound by certain by-laws established by the condominium association in the building in which they live, in addition to the declaration of condominium. While there are many benefits to living in a condominium, such as shared costs/maintenance, shared communal amenities, and shared communal services, disputes can arise between individual condominium owners and/or the condominium association. These disputes can vary and include disputes over assessments, special assessments, the hiring of contractors, noise complaints, the failure of individual unit owner’s to maintain their property, the failure of the condominium association to maintain common elements, and the way in which the condominium association operates.
In addition to the by-laws and the declaration of condominium, condominium unit owners and the condominium association are governed by the Florida Condominium Act which states in part that:
Fla. Stat §1718.303 (2010)
Obligations of owners and occupants; remedies.
(1) Each unit owner, each tenant and other invitee, and each association is governed by, and must comply with the provisions of, this chapter, the declaration, the documents creating the association, and the association bylaws which shall be deemed expressly incorporated into any lease of a unit. Actions for damages or for injunctive relief, or both, for failure to comply with these provisions may be brought by the association or by a unit owner against:
(a) The association.
(b) A unit owner.
(c) Directors designated by the developer, for actions taken by them before control of the association is assumed by unit owners other than the developer.
(d) Any director who willfully and knowingly fails to comply with these provisions.
(e) Any tenant leasing a unit, and any other invitee occupying a unit.
The prevailing party in any such action or in any action in which the purchaser claims a right of voidability based upon contractual provisions as required in s. 718.503(1)(a) is entitled to recover reasonable attorney’s fees. A unit owner prevailing in an action between the association and the unit owner under this section, in addition to recovering his or her reasonable attorney’s fees, may recover additional amounts as determined by the court to be necessary to reimburse the unit owner for his or her share of assessments levied by the association to fund its expenses of the litigation. This relief does not exclude other remedies provided by law. Actions arising under this subsection may not be deemed to be actions for specific performance.
If you believe that the condominium association, or the other condominium owners in the building in which you live are not complying with their duties and obligations under the condominium by-laws, declaration of condominium, or the Florida Condominium Act, contact the Law Offices of Hoffman & Hoffman P.A. for a free consultation. Our condominium attorneys have the experience and perseverance knowledge to vigorously pursue or defend your rights as a condominium owner.
