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use of property easement?
I live in the state of Florida in a mobile home development, I own my own lot and a share of the development regulated by the home owners association. My property has an easement which grants access to a pump station for purposes of maintenance. Last year in the spring I was informed that the board of directors wanted to install security lights around the perimeter of the development. Both my neighbor and I objected to the location of one proposed light due to the fact that it would shine in our bedroom windows. We are seasonal residents. After we went north for the summer, the board went forward with their plan to install said security light. They utilized the easement in contracting with LLEC power to enter with a heavy bucket truck then crossed my neighbor’s property to install the light. In doing so they drove over buried power lines that supply our houses with electricity. My line was damaged and it cost me $500 to repair it. I discovered the break in the line when I returned for the winter. The homeowner’s association board of directors has refused my request for reimbursement of repair costs. What are my legal rights?
2 Answers
- ca_surveyorLv 71 decade agoFavorite Answer
You have three issues:
1) Were the lights properly installed with permits and in accordance with Local code?
2) Do the bright lights constitute a 'loss of living' or 'enjoyment of life' issue?
3) Did the tractor/installation crew, in using the easement damage your power lines? (there is a subset to this question):
a) Under the terms of the easement are you allowed to HAVE the lines in the easement area?
b) Can you PROVE the damage was caused by the installation crew?
Your next action is to address each of these with an attorney. Some of them are simple to deal with (small claims suit against the HOA) while others (loss of living issues) may require a more direct action at a higher level.
Read your HOA to find out what their authority (and responsibility) is in this matter and take a copy of the CC&R's with you to the attorney.
Good luck
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- Simpson G.Lv 71 decade ago
Your rights are to consult with an attorney to find out who is liable for the damages to the property and to find out whether or not your right to quiet enjoyment has been infringed.