Can a condo association be made to pay for damage to a condo if the damagewas the result ofthe association’s neglect of exterior repairs?
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Can a condo association be made to pay for damage to a condo if the damagewas the result ofthe association’s neglect of exterior repairs?
Leaking roof caused damage to the ceiling in a bedroom. Everything was related and the incident happened again. There are now possible mold issues in the ceiling where the leak occurred (twice before and now again). The association carries insurance with a high deductible and constantly denies claims where the damage amount is lower than the deductible. The by-laws state that owners are responsible for paying the deductible and are only compensated for amounts over that. I am not certain how FL laws address this type of situation if at all.
Asked on January 22, 2011 under Real Estate Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Thr roof is the responsibility of the condo, not yours. I can say that with 99% certainty here. Are you hesitant to make a claim becauseof the deductible? It really doe not sound like the condo association can assign that responsibility to the party making the claim as all the condo owners dues go in to paying the insurance policy. I would seek help from an attorney in your area as to all of this. Bring with you all of the by laws, amendments, etc. In the meantime, make a claim about the roof. The mold is a direct result so do not let them say it is in your apartment and it is your problem. You can fight them on the deductible later. Good luck to you.
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