Question from Fair and Balanced, Who Is Liable for Unauthorized Property Improvements in Florida HOA?
Answer from AI:
In Florida, when an HOA fails to approve a property improvement like a brick and cement parking pad that encroaches on a neighbor’s land, the primary liability typically rests with the homeowner. Homeowners are generally responsible for ensuring their improvements comply with property laws and HOA regulations.
The HOA’s role is to enforce its governing documents, but their failure to do so doesn’t automatically make them liable for the homeowner’s actions. However, if the HOA’s inaction was negligent or contributed to the issue, there might be shared liability, though this is rare and would depend on specific circumstances.
Regarding notices, Florida law often requires HOAs to provide written notifications when addressing rule violations. This ensures homeowners are informed and have an opportunity to respond.
For personalized advice, consulting a legal professional is recommended, as they can provide specific guidance based on the details of the situation and relevant Florida statutes or case law.
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