Legal Question in Real Estate Law in Florida

Billed by condo ass. for items I didn't know I would be charged for.

I live in a new condo community. In July, the association voted to begin charging for use of the boat parking area. I have had a boat parked there for several years. They claim to have posted signs around the community informing residents of the new monthly charge, but I was never informed, and never saw the signage. Now, several months later I have received a bill for several months of boat parking, when I didn't know that I would be charged for it. I offered to start paying as of the first bill (and notice of the fees) I received last month, but they insist on collecting for the several months I did Not know I was incurring a charge. Is it legal for them to charge me without notifing me that I was incurring a charge? Shouldn't they have had the responsability to notify me via mail? They had my information on file for the boat.


Asked on 12/21/07, 10:21 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Billed by condo ass. for items I didn't know I would be charged for.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If the charge for use of the boat parking area is legal, then they can charge you from day one. I am not sure that the charge is legal, however. You need to ask them where authorization to make the charge came from. It cannot be arbitrarily done. Presuming the boat parking area is a common area, the Association cannot arbitrarily charge the unit owners who use that portion of the common elements which is already paid for in the maintenance fees. You should review this with a qualifed condominium or real estate attorney.

Scott R. Jay, Esq.

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Answered on 12/21/07, 11:32 pm


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