New Port Richey, FL asked in Personal Injury, Real Estate Law, Health Care Law and Landlord - Tenant for Florida

Q: Can I sue my HOA for radon exposure and for denying my architectural request for a mitigation system?

Over a year ago, I formally submitted a request to my HOA's management company, complete with necessary documentation, seeking approval for a Radon mitigation fan installation. Despite engaging with the HOA management for over four months, my inquiries were met with vague responses. Even during a direct confrontation with the HOA president at a meeting, clarity remained elusive, and I received unprofessional justifications for the denial. Unfortunately, there is no documentation indicating whether the architect's request was approved or not

1 Lawyer Answer

A: Generally, anyone can sue anyone else but whether or not you have a case depends on a lot of factors, including a reading of your association documents, which we cannot do in this online forum. How you proceed depends on if you live in a HOA (generally, single-family home, townhomes, villas) or a COA (condominium association). There are different laws for different associations and how your association is organized is also contained in your documents.

You should hire your own association attorney, who will know how to proceed. You will also not want to be at a disadvantage because most associations have very skilled association attorneys.

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