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Addressing Needed Building Repairs

The Smart Board and Property Legal Guide: Addressing Needed Building Repairs.

"The primary purpose of Florida condominium and homeowner associations is to maintain and repair the common areas and other components under the jurisdiction of the association. The Board of Directors' duty to direct proper maintain and repair steps is heightened by both the Condo and HOA Acts placing directors in a fiduciary relationship with the owners while at the same time, through statute and the governing documents, prohibiting owners from undertaking self-help measures. Securing appropriate engineering studies, with guidance from construction counsel both as to the choice of the engineer and the scope of the investigation, is suggested in order to assure that the Board is meeting its fiduciary obligation."