Who is responsible for mold in a Florida condo?
This duty owed by the Association is contractual pursuant to the Declaration of Condominium and Statutory a set forth in the Florida Condominium Act in Section 718.
Can a condo association be sued for mold?
Condominium association. Because of the special status of owners in a condominium complex, the condo association may be on the hook for a mold infestation, especially if it occurs in a common area. Need a lawyer? Start here.
What to do if you have mold in your condo?
Condo Associations have big Law Firms and trained Property Managers advising them on these matters and they use your money to pay for them. If you are tired of dealing with the matter on your own, you should seek out legal advice from an experienced Trial Attorney that represents individual Condo Owners.
Can a tenant live in a condo in Florida?
In other words, the Condo Rules may state that if the tenant living in a unit has rights to use and enjoy the common areas, then the unit owner who is not living on-site cannot. This is called a “dual usage” rule, which is also part of the Florida Condominium Act, Florida Statute 718.106:
What happens if you have mold in your rental property in Florida?
If you own or manage a rental property in Florida, a mold problem could present you with costly cleanup and repair bills as well as lawsuits from tenants claiming that the mold made them ill.
Where are the condos in South Florida that have mold?
Another likely source could be from another condo unit, usually from above. This is especially common in South Florida cities like Fort Lauderdale, Aventura, South Beach, Miami and Naples where many of the condo owners live out of state and keep these Florida Condominiums for seasonal use like snowbirds or simply as a good real estate investment.
Who is responsible for mold and water damage in my condo?
As a Condo Attorney that represents individual Condo Owners in Miami, Fort Lauderdale, West Palm Beach, Naples and many cities throughout Florida, the question I get asked the most is: Who is responsible for mold contamination and water damage in my condominium?
Can a landlord be held responsible for mold in a house?
The absence of a law doesn’t mean you’re in the clear if you fail to respond to a mold complaint. The implied warranty of habitability puts the landlord on the hook if the mold constitutes a genuine hazard and property defects have caused it. However, landlords aren’t liable for mold caused by neglect from tenants.