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Q. What to do with an owner who becomes a nuisance for the others?
A.
If the occupier of a unit or the unit owner is
creating a nuisance the board of directors should be notified and
they should take steps to have the nuisance abated. If the board
refuses to take action they should be notified by certified mail and
after 30 days if they continue to refuse or fail to respond then
legal action may be taken. If the problem is serious the police
should be notified immediately to document the problem.
MISMANAGEMENT OR DISSATISFACTION
The Office of the
Ombudsman is unable to impose a timetable or
conditions with respect to how your Condominium Association complies
with State Law and the Association's Declaration, By Laws and Rules,
as long as it is in reasonable compliance with them. The board has
unquestionable power and authority to mismanage the association
under the judicial Business Judgment Rule.
A grievance that management of a condominium does not perform its
duty fast enough to satisfy some of the Unit Owners, is not within
the jurisdiction of the Ombudsman's office, as long as Management
acts reasonably.
Unit Owners might consult with their personal attorney in the event
they sustain personal injuries or are otherwise damaged as a result
of Managements' negligence or refusal to reasonably comply with
Florida Statutes, or the Condominium Declaration, By Laws or Rules.
If Unit Owners are dissatisfied with Management they should consider
a recall.
Q.- What are the resources available to solve condo disputes with
the Board or other owners?
A.-COMPLAINT
You may file a complaint with the DBPR, Division of Condominiums.
The form is online at
www.myflorida.com.
The Office of the Ombudsman may also be able to mediate your
problem. If you meet the requirements you can seek a solution
provided by Section 718.1255 Florida Statute.
Alternate dispute resolution.
Please
consult resolutions offered HERE
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