RE Q&A: How Do I Make a Condo Association Fix a Common Area?

According to a building manager, balconies are common areas that owners can’t repair. Is that true? And if so, what can an owner do if it’s not being fixed?

FORT LAUDERDALE, Fla. – Question: My condo’s balcony has loose and missing tiles that are getting worse. I want to repair it myself, but the building manager told me I was not allowed to because it is part of the common area. However, the condo is not fixing it. What should I do? – Manuel

Answer: When there is an issue or question with your condominium apartment, the first step most people take is to speak with the association manager. This is a good idea and often resolves the concern. Most association managers are knowledgeable and are good at what they do.

However, even a consummate professional can occasionally get one wrong. So if you are not satisfied with the answer you receive, you will need to review your association’s governing documents.

Every community association is different, but most I have dealt with require the unit owner to make this sort of repair to their balcony. If your review shows that it is your responsibility, you should politely show this to the manager, and you should be good to go.

If it turns out that the manager was correct, and it is your association’s job to do, you should speak to the manager to see what the holdup is.

If this does not work, you may want to attend the next board meeting and ask the board about it.

In my experience, most association managers and board members want to do right by the residents. Be polite but insist that the repairs get done. Be understanding about delays, but do not allow your concern to be forgotten.

Remember the saying that the squeaking wheel gets oiled, but a screeching one gets replaced, and you should get your balcony fixed.

About the writer: Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. He practices real estate, business litigation and contract law from his office in Sunrise, Fla. He is the chairman of the Real Estate Section of the Broward County Bar Association and is a co-host of the weekly radio show Legal News and Review. He frequently consults on general real estate matters and trends in Florida with various companies across the nation.

© 2020 Sun Sentinel (Fort Lauderdale, Fla.). Distributed by Tribune Content Agency, LLC.

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