Matthew J. Militzok, Esq.


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Can a Condo Association Only Pass a Special Assessment for Damage Against Some, but not All Units in the Condominium?

Recently, we began receiving phone calls from potential clients inquiring whether a condo association is permitted to levy special assessments against some, but not all, of the unit owners in the condominium after the condominium incurred some type of casualty loss such as water or mold damage, hurricane damage, and even fire damage.  While the analysis can sometimes be complicated, the simple answer is association cannot levy special assessments against selected unit owners unless a special unit owner intentionally, or was negligent in causing the damage.  In addition, without evidence of intent or negligence, the [...]

By |2019-02-11T22:03:55+00:00February 11th, 2019|Condo Rights and Obligations|0 Comments

The Mold Lawyers win Injunction Against Condo Association

On November 29, 2018, the Mold Lawyers from Militzok & Associates won the entry of a temporary injunction against the Jamaica House Condominium Association in the 17th Judicial Circuit of Broward County, Florida after the Association repeatedly refused to perform destructive testing at the request of our client, the unit owner.  The unit owner alleged that water was intruding from the outer perimeter of his condominium unit and had requested the association investigate the source of the water.  After the Association refused to open up the necessary areas of drywall and ceiling which are considered to [...]

By |2018-12-03T08:57:07+00:00December 3rd, 2018|Case Results, Condo Rights and Obligations|0 Comments

Is Your Air Conditioning System Causing Mold in your Florida Home?

We often receive phone calls from potential clients inquiring whether the air conditioning system in their home could be the cause of mold exposure related health symptoms.  Mold typically develops in air conditioning systems when the system is not regularly maintained, including the regular changing of the air filters and cleaning of the evaporator  coils.  Mold will also develop if the air conditioning equipment is not properly dehumidifying the air.  Some signs that your air conditioning system may be circulating mold in your home is if you smell a strong mold/musty type odor when you [...]

By |2018-12-02T09:21:35+00:00June 30th, 2018|Moldy Buildings, Tenant Rights|0 Comments

Bed Bug Infestation Lawsuit Against Landlord Results in a $ 94,000 Legal Settlement

After a landlord of a multi-dwelling apartment building failed to timely accept responsibility for addressing a known bed bug problem in the building, the Mold Lawyers brought suit on behalf of one of the tenants who was exposed to the flesh biting bed bugs.  The tenant repeatedly complained to the building's property manager who initially declined to treat the bed bugs even though such treatment was the landlord's legal responsibility under the lease.  Our client was bitten on a nightly basis while she slept in her own bed.  The bed bug bites that she suffered [...]

By |2018-12-02T09:23:17+00:00May 27th, 2018|Case Results|0 Comments

Mold Exposure Case Against Waypoint Homes Featured on ABC World News Tonight

One of our toxic mold exposure cases was recently featured on the national television news program, "ABC World News Tonight with David Muir".  The same story also aired on the ABC News magazine, "Nightline".  The case was filed on behalf of our clients Bruce Nicholson, Lisa Daspit and their two year old daughter Brielle against Waypoint Homes.  Waypoint Homes and Invitation Homes are nationwide corporate landlords and are reported to have a combined 9,403 rental homes in South Florida and another 8,829 homes in the Tampa area.  The lawsuit alleges that Waypoint Homes' failure to address [...]

By |2019-02-01T15:04:53+00:00November 19th, 2017|Tenant Rights|0 Comments

Hidden Mold Problems in Home Purchases and Sales

In South Florida, it is common that homes will, at one point or another, suffer water damage which frequently originates from roof leaks, pipe leaks, air conditioning leaks, and cracked exterior stucco and foundations. Those leaks, combined with our humid weather makes for the perfect environment for mold to grow and spread. When buying or selling a home, the real estate contract typically allows the buyer the opportunity to inspect the home during a period of time called the "Inspection Period" or "Due Diligence Period". During this time, the Buyer has the right to conduct [...]

By |2018-12-02T09:25:43+00:00September 3rd, 2017|Homes|0 Comments

Broward County School Classrooms Plagued by Mold Problems

Mold in the classroom is making teachers and students sick, according to an article that appeared in the August 21, 2017 edition of the South Florida Sun-Sentinel, the presence of toxic mold in Broward County public school classrooms continues to be a problem for many teachers and students. The article claims that mold was found growing on the surfaces of student desks at Northeast High School in Oakland Park. According to one anonymous teacher's written complaint from Northeast High School, "Students are always ill, need to leave class to blow their nose, absent because of [...]

By |2018-12-02T09:27:14+00:00September 3rd, 2017|Moldy Buildings|0 Comments

What Laws Protect Florida Residents from Mold?

Unfortunately in Florida, the mold protection laws are relatively weak.  In comparison, states such as California and Texas have strong regulations regarding mold exposure.   Florida has two basic sets of laws relating to the presence of mold in a Florida dwelling. Florida's Tenant Protection Law First, are the general protections provided under Florida's landlord-tenant statutes which are contained in Chapter 83, Part II, Florida Statutes.  For tenants, s. 83.51, Florida Statutes, requires that the landlord "[c]omply with the requirements of applicable building, housing, and health codes" and if the premises is located in an area that doesn't [...]

By |2018-12-02T09:28:53+00:00June 3rd, 2017|Condo Rights and Obligations, Tenant Rights|0 Comments

When Is The Condo Association Responsible for Water Damage and Mold?

In Florida, water and mold damage to the drywall of the walls and ceiling of condominium units is a frequent problem. When unit owners bring water and mold damage issues to the attention of the condo association, many associations usually try to point the finger at someone else. Although each condominium has its own rules which are contained in the condominium's governing documents, the general rule is that the condominium is responsible for the common elements of the building. Most associations have a non-delegable duty to maintain the common elements of the association and cannot [...]

By |2018-12-02T09:33:35+00:00April 23rd, 2017|Condo Rights and Obligations|0 Comments

The Mold Lawyer Featured on WSVN Channel 7 News

The Mold Lawyers were recently featured on WSVN Channel 7 news in a segment called "Mold Mystery" for one of our toxic mold lawsuits against the Oakwood Manor Apartments in Hollywood, Florida.  Three of our clients filed suit against the building owners for toxic mold exposure resulting from water intrusion from an unrepaired roof.  Channel 7 news did a special report on the hidden health dangers of living in an apartment or home with toxic black mold and potential health effects that one can suffer from exposure to the mold.  If you have toxic mold in your home, [...]

By |2018-04-28T16:26:22+00:00July 26th, 2016|Tenant Rights|0 Comments