Condominium Mold Claims.
Condominium owners are frequently the victims of water intrusion and the toxic mold that grows as a result. While it can sometimes be tricky to determine who is the proper party to pursue, in most cases the responsible parties will attempt to shift the repair burden on to you. Sometimes another unit owner was negligent, or violated the condominium’s rules and regulations in allowing the water leak to occur. In other situations, the condo association is responsible for the leak and the resulting damage. In either case, many condo owners are unaware that Florida’s Condominium Act protects them from associations who fail or refuse to make necessary repairs to the common elements (which typically includes the ceilings and perimeter drywall) which were damaged by someone other than you.
The failure to promptly mitigate water damage can result in water damaged materials or the formation of dangerous mold in your individual unit. If you are being exposed to toxic mold, you need to take action. Toxic mold, while not always visible to the naked eye, may affect your health and damage your personal belongings. In order to start a claim against an association, it is very important that you first notify the association in writing. If the Association fails to properly address the problem within a reasonable period of time, the law allows you to file a legal action against the association and the association has to pay your legal fees if you are successful. Remember that providing the correct written notice to the association must be done very carefully and must meet all of the requirements of the law in order for it to be effective. For a more in-depth explanation of the Condominium Association’s responsibility to maintain the damaged areas in your unit, please read our blog article on this subject.
We invite you to contact our condominium Mold Lawyers for a free consultation. In most situations, we are able to take these types of cases on contingency with no up-front or out-of-pocket cost to you.