Ormond Beach, FL asked in Real Estate Law for Florida

Q: i purchased townhome in FL 7 years ago with a back porch. the hoa demands the permit now. the porch was buildt during c

construction in original build. hOa has no documents nor does the town. how am i responsible

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1 Lawyer Answer

A: Generally, the HOA only has five years to bring an action but there are exceptions, especially if the HOA could not see the back porch from the street. With satellite photographs becoming more easily accessible through county websites it could be the HOA only discovered it within the past five years or less. If you were the first owner of the property you should have documentation it was built that way by the builder. You might be able to check the county permits online to see if they have a permit or call the county building department to see if they have any blueprints. It might be a quicker resolution to obtain a permit.

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