I live in a deed-restricted condo complex with shared walls between units. (Each single unit is 3 floors) My next door neighbor is about to start construction to extend his unit outward, with the end result being a wrap around balcony that will give him a view into my unit - including my living room and bedroom. He is the president of the 37-unit condo association as well as the person who signs off on ARC applications. He says there's nothing I can do to stop him and has told me that if I don't like it then I can extend my unit outward as well. Not only am I concerned about loss of privacy, I am also concerned that his unfettered view into my unit will result in lowering my property value. What are my options?
Estate Planning Attorney
He might be President but he is only one vote on the Board.
Hire an attorney to review by-laws and see if a special meeting can be called.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
Residential Real Estate Lawyer
This is a case of self-dealing, which is prohibited by statute as a breach of fiduciary duty. You could most likely obtain an injunction to stop the construction, but it would require a review of your governing documents to make sure you would be successful. Also, Chapter 718 of the Florida Statutes regulates material alteration of common elements, limited common elements and airspace.
You should consult with a condo lawyer before proceeding.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
Estate Planning Attorney
Answering questions regarding condominiums always begins with a thorough reading of the relevant condominium documents: the Declaration of Condominium, the association by-laws, the rules and regulations promulgated by the Board of Directors of the Association pursuant to powers granted in the condominium documents, and the relevant Florida statutes. Only a lawyer who has read these documents can truly give you a definitive answer to your question. However, it is true that the President cannot make such decisions completely on his own, and you do have some protections you might invoke under the condominium statutes. You need to see a real property lawyer. Even better, a real property lawyer who routinely works on condominium issues and disputes. Sadly, hiring an attorney to give you a competent answer on this question is going to cost you some money because it takes attorney time to read condominium documents, and checking those documents will indeed be necessary in order to get the whole legal picture regarding your particular condo community. A normal fee to expect for something like that is at LEAST two hours of attorney time, with range of hourly rates being $225-$350 per hour . The quicker you get on this, the better, by the way! And it may be hard to get an attorney right at Christmastime, because many real estate attorneys are busy concluding work already in the door before the end of the year. Best of luck on it!
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