Dealing With Toxic Mold and Water Damage in Your Condo

Since Florida is in a tropical climate, the danger of moisture and its second-cousin, mold, is never too far away. Many condo owners in Florida have suffered some damage due to toxic mold and water intrusion from the common condominium elements like the roof and plumbing as well as damage from other units, according to Stevens & Goldwyn, condominium association attorneys

Most residents of HOAs 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 insufficient coverage for damage due to mold. In addition, most people don’t know that Florida Condominium Owners are required to have insurance on their units. Section 718.111 of the Florida Condominium Association and for Individual Condo Owners. 

Typically, the association is responsible for the drywall out, and the individual unit owner is responsible for the paint inward. That means, if a common pipe burst without any warning and all of your furniture and personal property get damages, 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. The standard insurance policy that individuals usually obtain for their condominium unit is what is called an “H06” Policy. This policy provides coverage for the Dwelling and the Personal Property or contents of the group.

The difference between the two types of coverage is best explained by the following: everything that can be moved (like furniture and personal objects) are the property of the owner. Whereas the structure itself would be considered the dwelling.

An experienced homeowners association lawyer that represents the individual Condo Owners will know what experts to bring in to prove the loss is due to a failure to maintain the common elements. In addition, he will know the arguments to make the show that the original cause of the loss was due to water intrusion and will argue in favor of the greater coverage for the dwelling and personal property. Having a competent real estate attorney or property lawyer is essential to dealing with the after-effects of mold and water damage. 

Source: Stevens & Goldwyn, P.A.


Categories: Legal Services

Tags: condo, homeowners association lawyer, legal services, miami, mold, south florida, water damage


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