FAILURE TO REPAIR / FAILURE TO MAINTAIN

WHAT IS FAILURE TO REPAIR AND FAILURE TO MAINTAIN?

In Florida, homeowner and condominium associations have a legal responsibility to maintain common areas and elements of the property. Despite this duty, associations may occasionally fail to fulfill their obligations, resulting in damage to others. Under Fla. Stat. § 718.113, associations must adhere to guidelines for inspecting, maintaining, and preserving association property.

When an association neglects these duties or refuses to make necessary repairs, unit owners can compel the association to make improvements and may also hold the association accountable for any damages they have suffered as a result of the delay or inaction.

WHEN YOU MAY BE ABLE TO HOLD YOUR ASSOCIATION LIABLE

• Failure to repair damages to your unit that are the association's responsibility
• Failure to make repairs to common areas
• Neglect to make repairs to association amenities, such as the pool, gym, clubhouse, or other common areas
• Neglect tree trimming and proper landscaping
• Failure to maintain sidewalks, parking lots, or roads

If your association is no longer providing the required duties, legal representation can help resolve the issue.

CASES OF MOLD & WATER DAMAGE

Unfortunately, instances of condominium associations neglecting maintenance responsibilities, such as common roof, wall, or plumbing repairs, are not uncommon. Often, these associations or their property management attempt to deflect blame or simply ignore the issue. Generally, the owner experiences damage due to water intrusion caused by the association's neglect of common elements.

When such a loss occurs, many property managers or association boards may claim that the unit owner is responsible for repairing the interior and replacing damaged contents. However, Florida statutes require individual owners to provide insurance coverage for the interior of their units, but this does not absolve the association of its duty to maintain common elements. Often, claims submitted to the unit owner's insurance carrier are denied, as the water damage originated from outside the condo unit and involved common elements.

IS YOUR ASSOCIATE RESPONSIBLE FOR DAMAGES?

If an association has been notified of a problem with a common element and ignored the issue or failed to adequately maintain that element, the association may be responsible for all damage, including interior damage to your unit.

ASSISTANCE WITH YOUR CLAIM

If your Homeowners or Condo Association claim has been denied, underpaid, or is still pending, consider retaining legal representation from Murray Law Group. Our experienced attorneys collaborate with expert inspectors, contractors, and engineers to establish the cause and true financial extent of association-caused property damage. We will work diligently to get your association to pay for and repair the damage they've caused.