Condo Rights and Obligations

Home/Condo Rights and Obligations

The Mold Lawyers Secure Summary Judgment Against Futura Condominium Association

In a groundbreaking legal triumph, The Mold Lawyers have delivered justice for homeowners against the negligence of condominium associations. We have successfully obtained a summary judgment against Futura Condominium Association, holding them accountable for water damage in a resident's apartment. This victory underscores a critical message: condo associations must uphold their duty to maintain the building's exterior, ensuring it remains watertight and safe for all residents. This case revolved around the association's failure to prevent rainwater intrusion, resulting in significant mold growth and property damage. Despite attempts to blame the incident on another unit owner's hurricane shutters, our legal expertise and thorough investigation proved otherwise. The court's decision reaffirms the association's responsibility, setting a precedent for similar cases and reminding condo associations of their crucial role in building maintenance and resident safety. At The Mold Lawyers, we are dedicated to fighting for those affected by such negligence, offering expert legal guidance in condominium law. This victory is not just for our client but for every resident who has faced similar challenges. It's a step towards a safer, more accountable living environment in condominium communities.

Florida Condo Fire Damage: Understanding Association Restoration Obligations

Understand the obligations of Florida's Condominium Associations after a fire. Dive deep into Section 718.111 of the Florida Statutes, exploring the Association's responsibilities and exceptions. Learn what happens when the fire originates in your unit and the steps to take if the Association doesn't comply. Stay informed and safeguard your condo rights.

2023-10-07T09:49:15-05:00October 2023|Condo Rights and Obligations|0 Comments

Broward Jury Enters Verdict Against Countryside Condominium

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.

The Mold Lawyers Win $ 101,000 Jury Verdict in Palm-Aire Condominium Case

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 [...]

2021-10-13T09:15:51-05:00September 2021|Case Results, Condo Rights and Obligations|0 Comments

The Mold Lawyers Settle Two Condominium Claims for $ 300,000+

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 [...]

The Mold Lawyers Win Mandatory Injunction Against The Versailles Gardens II Condominium Association

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. 

Is Your Condominium Association Responsible for Damage from a Sewage Backup?

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.

2023-10-07T09:58:32-05:00December 2019|Condo Rights and Obligations|0 Comments

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 [...]

2020-02-16T15:37:30-05:00February 2019|Condo Rights and Obligations|0 Comments

The Mold Lawyers win Injunction Against Condo Association

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 [...]