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Recent content by festival

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    What are my chances of winning this case: Installed Hardwood floors that failed sound test?

    I looked around the website of a CA law firm that specializes in the Davis Stirling Act. Not hard to find on the internet. In regard to a defense challenging "reasonableness" I found this: "The criteria for testing the reasonableness of an exercise of such a power by an owners' association are...
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    What are my chances of winning this case: Installed Hardwood floors that failed sound test?

    Why are they suing you over this, since you passed a better standard? The board has the discretion to not sue. Are they mad at you for something else? Your lawyer can challenge the reasonableness of the action, and then the board has a higher standard to overcome in court. So I have been told...
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    Dealing with uncooperative condo owner.

    For the short term rental, work with your local government. Gather the evidence they need (internet ads for example) and make a complaint. Don't let them put it back on you to enforce. California has lots of ways to enforce your documents, such as hearings, fines, dispute resolution, and...
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    Small condo assosiation

    Yes it is legal. A manager does not need a license as long as you have 10 units or less or have an annual budget or budgets in excess of $100,000, which I found by Google search.
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    Small condo assosiation

    According to myfloridalicense website: A license is required when an individual receives compensation for management services when the association or associations served contain more than 10 units or have an annual budget or budgets in excess of $100,000.
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    Condo CC&Rs re: no renting

    You can bring legal action against other owner(s) who violate the CC&Rs. You can also bring an action against the association for its failure to carry out its duties (although it doesn't always work). This is in California Civ. Code §5975. Some actions can be brought to small claims court to...
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    Is it legal to break a ceiling in my apartment if the upstairs neighbors have leaky jacuzzi

    The general advice for a coop is that they should hire licensed and insured contractors. You might bring this up to the board and ask why they are putting you and the coop at risk. If you read your governing documents and proprietary lease, you will most likely find the coop has a right to...
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    Damage from Common Area

    $4,000 in damage is greater than your deductible of $2500. Have you made a claim on your insurance? It would likely straighten out a lot of this. I suspect that some of that $4000 is for the common elements. Is the wall between condos a common element?
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    Damage from Common Area

    Sorry, I thought the $2500 was the association's deductible. The association does not pay for your deductible. Their insurance should pay to fix your unit (not including personal property), and the association pays their own deductible. In most cases.
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    Damage from Common Area

    I did not (completely) ignore that section. My first post says " not including the paint on the wall and your personal property." The section you quoted fills in some more exclusions. The Florida Statute requires the association to pay to repair the condo unit, in most cases: "(j) Any portion...
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    Damage from Common Area

    I agree in most states, but that is not correct in FL and some other states that have laws requiring the association to insure condo units. Even in states that have no laws, some condo declarations will require the association to carry insurance on condo units.
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    Damage from Common Area

    I agree with the others to put in a claim on your insurance. I would also put in a claim on the association's insurance. Check your condo declaration for the definition/description of your unit and the common elements. A wall between condos is often a common element that the association must...
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    Condo flooded from Above, California

    What is your association doing to help you and to help resolve the dispute between owners and to find and fix the damage to the common area??? They should be looking after their interests and the common area. I would be asking the association manager or board members for help in defining all...
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    Condo flooded from Above, California

    Many governing documents (Declaration, etc.) have a statement that the owner is responsible for the actions of their invitees and others such as contractors. Find that statement in your docs to show that the upstairs owner is responsible and give it to the insurance company of the upstairs...
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    Statute of limitations - when does the clock start?

    According to California Code Civ. Proc. §336(b) the statue of limitations "... runs from the time the person seeking to enforce the restriction discovered or, through the exercise of reasonable diligence, should have discovered the violation. ". If I were the OP, I would argue that it started...
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