Miami, FL asked in Real Estate Law and Construction Law for Florida

Q: HOA asking me to sign an agreement that removes my door/window from common elements. Do I have to sign?

A report from the HOA's engineer states that the HOA's replacement window and my current window is the same in kind and quality.

I replaced my sliding door and window in 2016 to impact windows (cat 5 and up). These hurricane window standards have not been changed. The condo docs include both door and window as common elements. The process was permitted by the city, and approved by both the City and HOA. The HOA wanted to replace my windows with impact windows of the same quality. I refused. Now they want me to sign a document that relinquishes my window/door as a common element of the HOA (I.e. I would be responsible for replacing the windows if it was broken by a storm. Do I have to sign this agreement?

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: It comes down to this: do you want the HOA to be responsible for damaged windows or do you want to assume the responsibility? If you want the HOA to be responsible, don't sign the agreement.

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