Hurricane Ian caused historic flooding at the Arden Villas Apartment complex near UCF. The Arden Villas apartment complex which is primarily occupied by students who attend University of Central Florida suffered historic flooded as a result of the storm. The water levels were so high that cars were flooded out and water began breaching the doors, windows and foundations of the first floor apartments. Residents were forced to evacuate, many requiring the assistance of the National Guard. There have been newspaper reports that the management office for Arden Villas has not been immediately responsive to the concerns of the residents.
On April 11, 2022, The Mold Lawyers obtained a jury verdict in Broward County, which determined that the Countryside Condominium Association and its Management Company, Elite Management Associates located in Cooper City, was liable for the damages caused to our client for the failure to maintain a watertight roof over the G Building in the complex for a period of almost 5 years. The four day trial concluded with a finding that Countryside Condominium Association was liable on all counts, including Breach of Contract, Negligence and violations of the Florida Condominium Act (Chapter 718.113, Fla. Stat.). The case was tried by Matthew Militzok and Adi Reinstein on behalf of the affected unit owner, Renee Maimone.
On September 17, 2021, a jury in Broward County Circuit Court returned a verdict in favor of our clients who were forced from their first floor condominium unit in Palm Aire, Building 27, in Pompano Beach in 2016 after experiencing significant water intrusion into their home which originated from a condo unit located on the third floor above theirs. The jury award was in excess of $ 101,000 for personal property damage, loss of use and the inconvenience for being forced from their home. The flooding occurred as a result of a shady laborer hired by the company who bought the third floor unit with the intent to flip or rent it out for a profit. While the work [...]
Clients of The Mold Lawyers have entered into two separate confidential settlements agreements with condominium associations located in Florida for $ 300,000 and $ 350,000 respectively. In both cases, the condominium units were contaminated with toxic mold which made the units uninhabitable for the unit owner or any potential tenants. The units were destroyed to the point that the Association agreed to settle the claims by paying out the value of the respective units as well as additional damages such as alternate living expenses, inconvenience, personal injury, pain and suffering, damage to personal property located within the units and more. Both cases involved protracted litigation and The Mold Lawyers successfully argued against substantial defenses raised by the Association including [...]
On June 22, 2021, a Miami-Dade County Circuit Judge entered a mandatory injunction requiring the Versailles Gardens II Condominium Association located at 9420 W. Flagler Street, Miami, Florida to "remove, remediate and re-build" water and mold damaged common element walls and ceilings belonging to the Association which resulted from a pipe leak that occurred in June 2020.
The Mold Lawyers Obtains Damage Award Against Condominium Association Who Failed to Timely Address a Pipe Leak
On June 7, 2021, a Miami-Dade County Circuit Judge awarded a Mold Lawyers client a Final Judgment against the Versailles Gardens II Condominium located in Miami, Florida for failing to remediate water and mold damaged common elements after a pipe leaked almost a year prior making the Condominium Unit uninhabitable. The Court awarded damages for the cost for our clients to rent a substitute apartment, lost income, compensation for mold contaminated furniture and electronics, mold inspection costs, and more.
On June 4, 2021, a Broward County Circuit Judge entered a Final Judgment against a Landlord for failing to maintain a leased apartment of a Mold Lawyers client pursuant to Florida Statute 83.51. The Court awarded damages in various categories including reimbursement of previously paid rent, refund of security deposit, moving expenses, storage fees, replacement of damaged clothing and furniture, temporary hotel stays, application fees for renting a new apartment, lost wages, and reimbursement of medical expenses.
We frequently receive inquiries from potential clients concerning whether the landlord is allowed to charge the two-month early termination fee / liquidated damages which are contained in the addendum to the Lease, if the tenant needs to move out of the unit due to the landlord's failure to maintain the leased premises. If the tenant follow the proper steps, the tenant can avoid being responsible for these charges or penalties. Florida Lease Early Termination Fee Starting in 2004, Florida landlord were allowed to charge an early termination fee (also known as liquidated damages) not to exceed two months of rent. In order to charge the early termination fee, a separately signed lease addendum is required to be attached to [...]
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.
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 [...]