I am on the Board of a small Condo Association in Florida. Our association has tried to improve the appearance of our lanai entrances. For years people on the first floor have recognized the need for some kind of stones or blocks outside the exits. None were uniform in design or style. The board came up with a paver stone design that would enhance and improve appearance and function of all the first floor condo lanai exits.
It is not a change to the common element. The basic design is the same, and not a permanent structure change etc.
We were advised that the area beyond the door exits on the first floor lanais, are common elements. The owners do not own the soil beyond their door. One resident does not recognize this as common area. He states the exit is his.
Approximately 20 years ago, a concrete slab and drain was placed outside his door, by a former owner. This permanent concrete slab and drain appears as a definite change to the common area. There is no evidence that this had Board and HOA approval at the time of installation. He refuses to allow us to move the slab, or drain. We are willing to move the drain to a proximal spot, so any drainage issues would be addressed. He had major confrontation with the landscaper. He claims he will write “a letter to the state.”
Does he have any legal issue to pursue? What would his letter to the state accomplish.
