At The Mold Lawyers, we are proud to have secured a groundbreaking appellate victory for our client in the case of McLlenan v. Cypress Chase North Condominium No. 4 Association, Inc., 387 So. 3d 321 (Fla. 4th DCA 2024). This case is a landmark decision that protects Florida condominium unit owners and holds associations accountable for their legal obligations to repair common elements—even when the damage originates in another unit.
Case Summary
Our client, Randy McLlenan, and his co-residents suffered severe water damage and mold contamination after sewage leaked from the upstairs unit into their condo. Despite clear signs of extensive damage, the condominium association refused to repair the impacted areas, claiming the damage was not their responsibility because the leak originated in another unit’s bathroom.
The trial court sided with the association and dismissed our case.
We appealed—and won.
The Fourth District Court of Appeal reversed the trial court’s ruling in a published opinion, making it crystal clear:
“The association had a non-delegable duty to repair the common elements, regardless of the cause of the damage to the common elements.”
Key Legal Takeaways from the Appellate Decision
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Florida Statute § 718.113(1) and the Declaration of Condominium impose a clear, non-negotiable duty on associations to repair common elements.
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The space between unit ceilings and floors and walls between adjoining units are part of the common elementsand must be maintained by the association.
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The source of the damage is irrelevant—even if a unit owner caused the leak, the association still has a legal obligation to make repairs.
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The association can later assess costs to the responsible unit owner, but they must first complete the repairs.
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The court also held that our client’s claims related to kitchen damage caused by the association’s negligent remediation were improperly dismissed and should proceed.
Why This Case Matters
This is more than a win for our client—it’s a win for all Florida condo owners. For too long, associations have shirked their repair responsibilities by blaming individual owners or refusing to act unless the damage stemmed directly from a common element failure. The McLlenan ruling puts a stop to that.
If you’ve experienced:
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Mold, water, or sewage damage
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Delay or refusal by your association to make repairs
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Property devaluation or health impacts caused by inaction
You may now have strong legal footing to demand action based on this precedent-setting case.
The Mold Lawyers: Standing Up for Florida Condo Owners
This case exemplifies our mission at The Mold Lawyers—holding associations and landlords accountable and making sure Florida residents live in safe, healthy homes.
We’ve built a statewide reputation as the go-to law firm for:
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Mold exposure litigation
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Condominium repair disputes
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Unit owner vs. association lawsuits
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Health-related claims arising from association neglect
Contact Us Today
If your condo association is failing to make necessary repairs—especially to common elements affected by water or mold—don’t let them push you around. The law is on your side, and now there’s appellate case law to back it up.
Call The Mold Lawyers today at (954) 241-2260 or contact us through our website to schedule a consultation.
This blog post is meant for informational purposes only and does not constitute legal advice. Individual circumstances vary and should be discussed with a qualified attorney Descriptions and summaries about the attorney’s prior cases and settlements found on this website are intended only to provide information about the activities and experience of our attorneys and should not be understood as a guarantee or assurance of future success in any matter. The results portrayed were dependent on a variety of facts and circumstances unique to the particular matters described, and do not reflect the entire record of the individual attorney(s) involved. Past results are not a guarantee of future results, and the outcome of your particular case or matter cannot be predicted using a lawyer’s or law firm’s past results. Every case is unique and different and should be evaluated on its own merits, without comparison to other cases which may have had different facts and circumstances..
Free Case Review
Of course, with every situation, there may be exceptions and differing facts which require the analysis of a mold attorney. The Mold Lawyers at Militzok & Associates offer a FREE case review to discuss the unique facts of your mold claim. For more information, call us at (954) 241-2260, send an e-mail to info@themold.lawyer.
Militzok & Associates are condominium water damage and mold attorneys who are proud to represent individuals and families throughout the State of Florida who are suffering damages from mold exposure, musty smells and other types of indoor air quality issues. We represent clients in the following cities of Fort Lauderdale, Pompano Beach, Coral Springs, Davie, Plantation, Weston, Miramar, Sunrise, Coconut Creek, Dania Beach, Lauderhill, Margate, Parkland, Deerfield Beach, Oakland Park, Hallandale, Pembroke Park, Pembroke Pines, Hollywood, Cooper City, Tamarac, Wilton Manors, Lauderdale Lakes, North Lauderdale, Lighthouse Point, Southwest Ranches, Hillsboro Beach, West Park and Pembroke Park.
We also represent clients in Miami-Dade county in the following cities: Miami, Miami Beach, Hialeah, Homestead, Coral Gables, Doral, North Miami, Aventura, North Miami Beach, Aventura, North Miami Beach, South Miami, Miami Gardens, Key Biscayne, Sunny Isles Beach, Pinecrest, Miami Lakes, Opa Locka, Cutler Bay, Sweetwater, Palmetto Bay, Miami Springs, Miami Shores, Florida City, Surfside, Bay Harbor Islands, North Bay Village.
In Palm Beach County, we represent clients from South Bay, Golf, Manalapan, Briny Breezes, Greenacres, Magonia Park, Hypoluxo, Highland Beach, Lark Clarke Shores, Belle Glade, Pahokee, Glen Ridge, Tequesta, Atlantis, Loxahatchee Groves, Palm Beach Shores, Haverhill, Gulf Stream, South Palm Beach, Cloud Lake, Juno Beach, Palm Springs, North Palm Beach, Wellington, Lake Park, Lantana, Palm Beach Gardens, Jupiter, Riviera Beach, Boynton Beach, Jupiter Inlet, Ocean Ridge, Palm Beach, Royal Palm Beach, Boca Raton, West Palm Beach, Lake Worth, and Delray Beach.
We are now accepting cases throughout the State of Florida in cities such as Tampa / St. Petersburg, Clearwater, Orlando, and Naples / Ft. Myers and Jacksonville areas.
