Condo Rights and Obligations

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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 association should not be levying a special assessment in situations where the association incurred damage in portions of the condominium that they are required [...]

2020-02-16T15:37:30-05:00February 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 be part of the common elements belonging to the Condo Association, the unit owner was forced to bring suit and move for a temporary [...]

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 have local building, housing or health codes, then the landlord is required to "maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, [...]

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 refuse to maintain and repair damaged common elements in the condo on the basis that it was the fault of a third-party such as [...]

2020-02-16T15:36:56-05:00April 2017|Condo Rights and Obligations, Top|0 Comments