What Are Legal Remedies for Unauthorized Parking Pads in Florida Condos?

Question from Fair and Balanced, What Are Legal Remedies for Unauthorized Parking Pads in Florida Condos?

Answer from AI:

In Florida, when a property owner constructs an improvement like a cement and brick parking pad that encroaches on a neighboring lot, several legal issues arise. Here’s a breakdown of the situation and potential remedies:

Property Line Encroachment

• Encroachment Definition: Building beyond your property line, even slightly, is considered an encroachment. This is a trespass on the neighbor’s property.
• Legal Remedies for Neighbor: The neighbor can sue for trespass, seeking removal of the structure or monetary damages. They might also claim nuisance if the encroachment affects their property use.

HOA’s Role and Liability

• Approval Requirements: HOAs typically require approval for exterior improvements. If the HOA approved the parking pad without the neighbor’s knowledge, they might be liable for not following proper procedures.
• Potential Liability: The HOA could be held partially responsible if their approval process was negligent, especially if they failed to notify the affected neighbor.

Violations and Penalties

• No Approvals: If the person built without any approvals, they violate HOA rules and possibly local ordinances. Penalties may include fines or legal action from the HOA.
• Legal Action: The neighbor could also pursue legal action against the person for trespass and nuisance, potentially leading to court-ordered removal or compensation.

Liability Breakdown

• Primary Liability: The individual who built the pad is mainly liable for the encroachment and any resulting damages.
• Shared Liability: The HOA might share liability if their approval was improper or negligent.

Possible Remedies

• Removal: The neighbor can seek a court order for removal of the encroachment.
• Damages: Compensation for any decrease in property value or other damages.
• Injunction: A court may order the encroachment to be removed or modified.

Additional Considerations

• Adverse Possession: If the encroachment remains for a certain period, the person might claim ownership, but this requires meeting specific legal criteria.

Conclusion

This situation is complex and involves property rights, HOA regulations, and potential legal disputes. Consulting a real estate attorney is crucial to navigate these issues effectively. They can provide tailored advice and represent your interests in negotiations or court.