Legal Question in Real Estate Law in Florida

What is the legal definition of a party wall in the state of FL? The president of my mother's HOA recently permanently boarded up 2 windows on a 20 year old window/wall room addition. The windows were in place when he purchase the adjoining home 10 years ago. This president has control of a 5 member board that currently has one vacancy. He has refused to recuse himself from the proceeds and has stated that the board does not feel this is an association matter. Their stated position is that this is not a "structural change." What recourses does my mother have? As I read both the HOA bylaws and convenants, inaddition to the FL statutes, I do not believe they are following the established guidelines. Thank you for your help.


Asked on 11/01/09, 11:49 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Why does your mother care and how does this harm her at all? He owns both properties and wants to close a window. So what.It does not sound like an association matter as you have described it. What provision of the by laws or HOA rules do you believe this violates.

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Answered on 11/14/09, 5:25 pm


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