In Florida, water and mold damage to the drywall of the walls and ceiling of condominium units is a frequent trouble. When unit owners bring water and mold damage issues to the attention of the condo association, many associations usually try to indicate the finger at someone else. Although each condominium has its own rules which are contained in the condominium's governing documents, the general dominion is that the condominium is responsible for the common elements of the building. Well-nigh associations accept a non-delegable duty to maintain the common elements of the association and cannot refuse to maintain and repair damaged common elements in the condo on the basis that information technology was the fault of a third-party such every bit a contractor or neighboring unit possessor.  We frequently accept cases from condo unit of measurement owners in situations where the association refuses to repair damaged drywall and ceilings that was caused by a leak from a neighboring unit owner.

In nearly condominiums, the common elements include the drywall that is contained in each condo unit. Typically, the condo unit owner is responsible for the finished interior surface or the covering of the drywall, however, the condominium is responsible for the drywall itself. Therefore, if the unit's walls or ceiling are water or mold damaged, it is the condominium'southward duty and obligation to replace the drywall. The unit owner is responsible for re-painting or replacing wallpaper.

Florida Statute 718.111(eleven)(f) by and large defines the respective responsibilities between the condo unit of measurement possessor and the condominium association. The association is generally responsible for all of the common elements in the condominium with the exception of the following which are unit owner responsibilities: all personal property contained inside the unit, or those left in the limited common areas, as well as all wall coverings, floor coverings and ceiling coverings. In add-on, the unit of measurement owner is generally responsible for his or her own appliances, water heaters, furnishings, cabinets, fixtures, and window treatments.

If you have suffered impairment to your condominium unit, the first pace in the analysis is who caused the loss. Nosotros typically come across condo unit owners suffer damage from one of ii scenarios: (1) the harm was caused past a neighboring unit owner; or (ii) the damage is acquired by the association's failure to maintain the mutual elements (such as the roof or the exterior edifice envelope) of the association.

In the case of damage by another unit owner, it must be determined whether the offending unit of measurement possessor was negligent in causing the damage. In situations where the impairment occurred from a situation which wasn't foreseeable, such equally where the neighboring unit owner didn't know, couldn't take, or shouldn't have known that the situation was likely to occur, and so that unit owner is not likely to be held responsible for the impairment. An example of this would exist a toilet overflow, which was otherwise in good mechanical status. Even so, even in this scenario, the association is still responsible for maintaining and repairing the mutual elements including the damaged drywall contained in the ceiling and walls. You as the unit owner would exist responsible for the remaining harm to your unit of measurement which your condo unit of measurement insurance policy should embrace. Information technology is for these types of situations why it is very important for condo unit owners to always maintain their own insurance policy, separate and in improver to the condo's insurance coverage.

If you lot have suffered damage to your condominium unit of measurement which was the direct issue of the clan'due south failure to maintain the common elements such equally the roof, common element water pipes, the exterior building walls or failure to weatherproof the exterior of the condominium, and then you may exist able to crave that the association repair the condition that caused the damage and pay damages to reimburse you from all resulting impairment to your individual unit and the contents contained in that unit if the damage was the consequence of the clan'due south failure to maintain the common elements.

Free Consultation

If you are a condominium unit owner who has recently suffered water or mold damage, delight contact us for a free consultation regarding your rights and responsibilities. We handle condominium disputes on contingency which means nosotros do not collect a fee unless we recover money for you. In some cases, the association may be responsible to pay your attorneys' fees under Affiliate 718 of the Florida Statutes.

Of course, with every situation, at that place may exist exceptions and differing facts which crave the analysis of a mold attorney.  The Mold Lawyers at Militzok & Associates offer a Gratuitous consultation to discuss the unique facts of your mold claim with our experienced attorneys.  For more information, telephone call us at (954) 241-2260, transport an email to info@themold.lawyer.

Militzok & Associates are toxic black mold attorneys who are proud to represent individuals and families throughout the State of Florida who are suffering injuries from mold exposure, musty smells and other types of indoor air quality bug.  We stand for clients in the post-obit cities of Fort Lauderdale, Pompano Beach, Coral Springs, Davie, Plantation, Weston, Miramar, Sunrise, Coconut Creek, Dania Embankment, Lauderhill, Margate, Parkland, Deerfield Beach, Oakland Park, Hallandale, Pembroke Park, Pembroke Pines, Hollywood, Cooper City, Tamarac, Wilton Manors, Lauderdale Lakes, North Lauderdale, Lighthouse Point, Southwest Ranches, Hillsboro Beach, West Park and Pembroke Park.

We likewise correspond clients in Miami-Dade county in the following cities: Miami, Miami Beach, Hialeah, Homestead, Coral Gables, Doral, North Miami, Aventura, North Miami Embankment, Aventura, Northward Miami Beach, Due south Miami, Miami Gardens, Key Biscayne, Sunny Isles Beach, Pinecrest, Miami Lakes, Opa Locka, Cutler Bay, Sweetwater, Palmetto Bay, Miami Springs, Miami Shores, Florida City, Surfside, Bay Harbor Islands, North Bay Village.

In Palm Beach County, we represent clients from South Bay, Golf, Manalapan, Briny Breezes, Greenacres, Magonia Park, Hypoluxo, Highland Beach, Lark Clarke Shores, Belle Glade, Pahokee, Glen Ridge, Tequesta, Atlantis, Loxahatchee Groves, Palm Embankment Shores, Haverhill, Gulf Stream, S Palm Beach, Cloud Lake, Juno Embankment, Palm Springs, North Palm Beach, Wellington, Lake Park, Lantana, Palm Beach Gardens, Jupiter, Riviera Beach, Boynton Embankment, Jupiter Inlet, Ocean Ridge, Palm Embankment, Regal Palm Beach, Boca Raton, Westward Palm Beach, Lake Worth, and Delray Embankment.

Nosotros are now accepting cases throughout the Land of Florida in cities such as Tampa / Saint petersburg, Clearwater, Orlando, and Naples / Ft. Myers areas.