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.
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 [...]
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 [...]
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, [...]
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 [...]