ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Real Estate & Property Law Blogs -> Florida Community Association Construction Law Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Real Estate & Property Law

: Florida Community Association Construction Law Blog

Unit Access for Common Element Repairs - Hollywood Towers Decision

By Alan E. Tannenbaum

ADVERTISEMENTS

The Florida Fourth District Court of Appeals recently announced its decision in Hollywood Towers Condominium Association, Inc. v. Hampton, 35 Fla. L. Weekly D1424a, June 23, 2010. As with many aging hi-rise condominiums in Florida, the reinforcing steel in the exterior balconies of the units at Hollywood Towers had deteriorated, requiring remedial work by the Association. The Association's consultant concluded that in order to repair the balcony problem demolition and repair would also have to be undertaken within the Hampton unit. Unit owner Hampton's engineer opined that the balcony could be repaired without an intrusion into the unit.

The Association sought a mandatory injunction allowing it to perform the remedial work within the unit. The circuit court refused to grant the injunction. The appellate court, adopting the reasoning of the California decision in Lamden v. La Jolla Shores Condominium Ass'n. ("where a community association board exercises discretion within the scope of its authority, courts should defer to the board's authority and presumed expertise") reversed, sending the matter back to the trial court for the following determinations:

 

1.         whether the association had the authority to access Hampton's unit to repair the balcony;

2.         assuming the first question was answered in the affirmative, whether the association had acted reasonably - - that is, not arbitrarily, capriciously or in bad faith - - in choosing to perform the repair work from inside Hampton's unit; and

3.         whether the Association would suffer irreparable harm if the injunction were not granted.

 

The bottom line is that the mere fact that the unit owner's engineer disagrees with the Association's consultant will not block the work from proceeding. If the trial court finds a reasonable basis for the board of directors' conclusion that the work must proceed in the unit, the trial court will be obliged to grant the injunction.

Full post as published by Florida Community Association Construction Law Blog on June 24, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Blog Posts
Search Blog Directory:

Search Blog Directory:

Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






1.031 secs (new cache)