Sewage backups in condominium drain lines can be a potentially dangerous problem to resolve. Many condominium associations do not hire the necessary licensed, insured and trained personnel to remediate when it occurs.
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 [...]
