Resolving Concrete Restoration Disputes

How to pay for the restoration of concrete is a critical issue facing many Florida Condominium Owners and Associations. Far too often, disputes arise regarding this issue and related ones such as:

  • If the Association tears up my marble balcony tiles to replace the concrete below, can I seek reimbursement?
  • My neighbor has a corner unit with a much larger porch. Shouldn't he or she have to pay a larger percentage of the special assessment?
  • The Association told us that we cannot live on the premises until the work is complete. Is the Association required to pay for alternate accommodations for us?

These disputes can be especially complex, requiring the services of a knowledgeable attorney. Attorney Debra Lynn Fein has an in-depth understanding of the applicable laws. She can help you understand how they relate to your specific situation.

Levying Special Assessments for Concrete Work

Most Condo Associations choose to fund concrete restoration projects through special assessments. However, they do not have an unlimited right to levy such special assessments. The Association must adhere to the restrictions found in the Condominium Documents.

Depending on the Condominium Documents, the Association may:

  • Require the approval of Unit Owners;
  • Only be allowed to levy a special assessment for designated emergencies; or
  • Be authorized to levy special assessments at the Board's discretion.

Discrepancies may exist among the Condominium Documents themselves or between the Condominium Documents and Florida law. When this is the case, it is particularly important to consult a qualified lawyer.

To arrange a consultation, call Fein Law, LLC at 954-533-0825 or complete the contact form. Based in Fort Lauderdale, Fein Law, LLC serves clients throughout Broward County and beyond.