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I'm a frequent blog replier but I do not see, even in archives, any question (or answer) on grievance resolution venues: Small Claim Courts, Arbitration, and Mediation. Is it the blog position not to discuss these issues? Or is it for lack of good questions? Let me volunteer one. In Florida, the failure of an association to provide access for inspection of HOA official records is governed by: - Section 720.303 (5) (b) stating: “the association willful failure to comply entitles the owner to damages of $50 per calendar day, up to 10 days. Total: $500. - But also by section 720.311 (2) (a) “disputes regarding …access to the official records of the association shall be subject of a demand for presuit mediation”. A small court filling for $500 costs $85.00. A pre-suit mediation costs about $2,000. What is the best way to proceed? Is the owner required to spend $2,000 on mediation to eventually collect $500 for damages? Ultimately, if the owner prevails, the association will have to reimburse the $2,000. In HOA, can owners use Small Claim Courts for small grievances?
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We have a 3 story condominium complex we assist in managing, in Michigan. Recently, a home owner has been out of state, to assist family. The last time the unit was occupied was in the summer. The thermostat was turned off, and the unit froze the plumbing in the ceiling of the unit without heat, damaging 4 other units. We have a master insurance policy, and each home owner has condo insurance. We had several problems in the last week. Trying to sort this mess out. The condo association pays for preventive maintenance to walk around the exterior and check all units and notify Management of units without gas or electric. The association attempts to prevent flood as much as possible. The association can turn on utilities in the name of the association and back bill unit owners / banking lenders in cases of foreclosure. To maintain heat and prevent floods. Our bylaws allow entry of any unit in the event of emergencies to prevent damage to another unit of access to common areas, ie: between floors for access to plumbing and electrical etc. The association normally covers plumbing up to the shut off of the appliance. 1) Who is responsible for the repair of the plumbing system for a frozen pipe in a common element (between floor joist of 3rd floor and ceiling of second floor) where a unit owner failed to maintain heat. Is the co owner liable for damages to the other units for failing to maintain heat? The unit owner (by phone) refused to allow maintenance to enter the unit, to access the situation and board members had to arrive to to convenience a family member who had a key to allow maintenance into the unit. In the future, if we are having an issue should we authorize maintenance to enter by any means possible if we cant get co operation and the unit owner is not home? ie: Kick the door in, break out a window. and afterwords re-secure the unit. Do we automatically contact a water mitigation contractor and allow them access to extract water and start clean up of flooded units? The association or its agent has the right of entry, maintenance is the agent who was called to address the situation. Our maintenance man is great he has saved our association $240,000 in 2 years. The unit owners representative left the condo before mitigation contractor arrived on scene. The unit below was still dripping water because the unit above refused to allow contractor in to clean up water, do we force our way in because the home owner is "maintaining a nuisance" which is preventing the co owner reasonable use and enjoyment of his property below? How can we prevent this from happening again? Additionally, the units have fire suppression system in them and the association maintains that as well. What about a unit that is in foreclosure and the owner has abandoned the unit and the bank has not taken possession? What is the right thing to do?
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I am in a 2nd floor condo unit. I have been getting low-bass vibrations since September. Originally I thought they were from a sound system (the unit next to me has a wall-mounted t.v. into the studs of our party wall). But, since the change to cold weather I notice the vibrations during the day while people are at work so I believe it is coming from the heat pump from the unit below me.
The problem is 3-fold.
1. No other unit feels the vibrations so the property management company doesn't want to do anything.
2. The management company says their lawyers said that since they don't have funds in the budget to take care of this, they don't have to do anything.
3. It's been recommended that I call the police but I don't see how they could do anything because it's low bass and becomes a problem when I'm reclining on my couch watching t.v. or in bed and the low-bass noises go on for hours. They sometimes feel like a mechanical item that is pumping, other times like low bass sounds shadow boxing, or a buzz in the floor.
I've had my own heating contractor out twice but the noises weren't happening while they were inspecting my unit to make sure it wasn't my unit creating the problem. I don't want to get lawyers involved. I've recommended to the downstairs unit that they have their heat pump checked as the temperatures have dropped and they could end up being without heat.
My 2 fears are: 1. This situation could cause a fire. 2. I have some health problems that the constancy of these vibrations could make worse. What recourse do I have?
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