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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption