More details to this question:
I am a senior condo owner in Miami, FL. (ground level) During ETA, 3 days of heavy rain /wind, my living room began flooding at the foundation and I had to stay right there 24/7 mopping it up, towels & blankets put there, but no use until the rain stopped. Property Mgr. and one Board Member viewed damages inside wall. Entire wall needs to be fixed by removing bubbling effect of paint and repaint it. Problem is OUTSIDE needs to be fixed first, by digging a deep trench and pouring concrete at foundation. This flooding happened before and they knew about it, but tried unsuccessfully to fix it outside. Mgr. said they submitted proposals to Board, but do not know if Board will act on it. Do not have any property insurance mayself. Can I sue the Assn. for all this? Could it be done in a small claims court for about $2,000.00 the cost of the work (maybe). Thank You.
1 ANSWER
In most condominiums in Florida, the Association is responsible for maintaining the common elements. These common elements usually consist of the building exterior, roof, and other building elements. As such, the Assocation is most often responsible for damage to an owner's unit caused by an exterior leak. Per the Condominium Act, the Association would be responsible for a unit owner's attorney's fees, in such a scenario. The Association most likely has insurance for such cliams. An experienced attorney can assist in reviewing your condominioum governing documents to help you address the matter, as well as getting you compensation.
Answered on Jan 04th, 2021 at 6:49 PM