Is It My Duty As A Homeowner To Maintain The Seawall?
A seawall is a type of structure designed to protect the coast from erosion and other environmental issues. Most of those in Florida are made of steel and concrete, though as the older models need replacing, other substances are being used that are seen as more environmentally friendly. When a seawall needs work or replacement, though, disputes may arise about exactly who should be responsible for the cost of these procedures. The answer will vary between counties, and between community associations. A call to an experienced attorney may help to clarify matters.
No Broad Answer
In a homeowners’ association (HOA), care and maintenance of any common areas or elements is usually the purview of the association. This includes amenities like swimming pools or tennis courts, but it can also include places like islands in cul-de-sacs and yes, in some associations, the seawall, if it extends over multiple lots in the association. However, a seawall may be situated only on some lots, or other factors may be present that complicate the question of maintenance.
In general, when a person buys a lot in a Florida HOA, they are responsible for the maintenance of most things on the lot (with rare exceptions). While there is no hard and fast rule at the state level about who may own a certain seawall or who is required to perform its maintenance, it is commonly understood to be the owner’s responsibility – after all, they purchased the lot on which the seawall lies, and ostensibly had the chance to investigate its structural integrity. However, there are situations in which your HOA’s conditions, covenants & restrictions may place that responsibility in the association’s hands.
More Jurisdictions Codify Seawall Repairs
While not every jurisdiction in Florida has a hard and fast rule with regard to seawall maintenance, more and more are passing ordinances to settle the responsibility for repair firmly on the shoulders of the homeowner. For example, in 2020, Broward County adopted an ordinance requiring minimum seawall and “top of bank” elevation standards, and required property owners to keep up their parts of a seawall “in good repair” or face fines. This would appear to indicate that the responsibility for seawall repair and replacement is the property owner’s, at least in Broward County.
It is worth mentioning as well that the Broward County law requires real estate sellers disclose, if necessary, that their property is in a “tidally influenced area,” and that a future owner might be required to bear the cost of repairs or replacement if they go ahead with the purchase. This may seem unfair to the seller, but Florida law already requires disclosures of certain defects in the property. While the mere existence of a seawall is not a “defect,” it is nonetheless relevant to a future homeowner.
Contact A Tampa Homeowners’ Association Dispute Attorney
If you have been informed that the seawall on your property needs repair or replacement, it is important to be aware that in most cases, the cost will be your responsibility, as sudden as it may feel to be saddled with the expense. A Tampa homeowners’ association dispute attorney from the Seward Law Office may be able to help you make sense of your options. Contact our office today to schedule an initial consultation.
Source:
flsenate.gov/Laws/Statutes/2024/720.303
