Should the Condo Association Pay for Damages to My Condo?

8/28/2016 (Permalink)

We at SERVPRO of Miami Beach are not attorneys.  But we've been at this long enough to receive these questions dozens -- if not hundreds -- of times: "Isn't the condo association responsible for drying out my unit?" or, "Doesn't the association have to pay to clean up the water damage their pipe caused?"

First and foremost, we counsel customers to seek their own legal advice.  But to help answer this question, we asked a local attorney who represents individual condo unit owners these questions.

"I get hundreds of calls from condo owners that have suffered some type of damage due to toxic mold and water intrusion from the condominium common elements like the roof and plumbing as well as damage from other units," noted Herb M. Milgrim, esq., the local attorney. "Most people think that the Condominium Association Insurance will cover all of their damage.  While it is true that Florida Condominium Associations are responsible for maintaining the common elements and are required to provide insurance for the building, most Condominium Insurance Policies have mold exclusions or have very limited coverage for damage due to mold."

Milgrim notes that Section 718.111 of the Florida Condominium Act  sets forth the insurance requirements for Condominium Association and for the Individual Condo Owners.  "Typically the Association is responsible from the drywall out and the individual unit owner is responsible from the paint inward. That means, if a common pipe bursts without any warning and all of your furniture and personal property gets damaged,  you won’t be able to recover unless you have insurance on your condominium unit or unless you can prove negligence on the part of the condominium association or some other party."

Milgrim adds the standard insurance policy that individuals usually obtain for their condominium unit is what is called an “HO6″ Policy.  This policy provides coverage for the Dwelling and for the Personal Property or contents of the unit.

For additional information, consult your attorney or see http://www.floridacondoattorneys.com/condo-mold-and-water-damage/

Courtesy: http://www.floridacondoattorneys.com/