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Article
and Video Courtesy of ABC News
By
Jackie Callaway
Published
June 6, 2013
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 Watch
VIDEO
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When the air conditioner stopped
cooling, Judy Garcia hired a contractor to locate the problem.
Turns out that it's a leaky conduit outside of her
condominium. Still, the association insists it is not a
common element, meaning the owner needs to pay for the
$1,000 repair.
Garcia turned to her condo docs other wise known as the
declaration. It is 35 pages of confusing verbiage and
legalese.
The consumer’s
interpretation suggests the conduit is a common element as it runs
through a common area between her unit and others.
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But an attorney for
the association pointed to a paragraph on page 7 that states, “The
portions of a unit to be maintained, repaired and replaced by the unit
owner at his expense shall include ... air handling equipment for
cooling and heating ...”
Attorney Shawn Brown specializes in condo association
law. He suggests owners utilize a state statue that forces
the association to provide legal reasoning that it's not the
responsible party.
And there's another option, state sponsored mediation. But
the lawyer says it's not an easy process for consumers to
navigate.
To find out more about the state’s arbitration program, visit:
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http://www.myfloridalicense.com/dbpr/lsc/ARB/RequestforExpeditedDeterminationofJurisdiction.pdf
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