[CLC-Discussion] damages to illegal construction

[Paul J. Kelly]

Does anyone have any thoughts/experience/guidance on the following:

 

1)      Defendant made unpermitted improvements exceeding $100k to property
(no permits or NOC)

2)      Unpermitted improvements (appears to be air conditioned living
space) also included below flood plain grade improvemetns, thereby making
the improvements ineligible for permit (some would say illegal)

3)      Plaintiff placed unrelated lien on property 

4)      Defendant claims physical damages to property from recent storm to
the "uninsured space"

5)      Defendant is now claiming the inability to obtain a loan to make
repairs due to plaintiff's lien

 

My thought is that to the extent the unpermitted physical damages were
incurred, those damages are void due to the illegal nature of the
improvements. Any applicable statutory, common law, or local ordinance is
appreciated. Thank you.

 

Sincerely,

 

Paul J. Kelly

 

Paul J. Kelly, P.A.

2959 First Avenue North

St. Petersburg, Florida 33713

(727) 327-3935

cid:image006153c.jpg

 

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