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Florida condo statutes


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#1 justice_531

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Posted 10 January 2013 - 10:23 AM

Not sure if this is the correct forum but it is the closest to my problem. Live in a different state but own a condo in Fl. Second floor unit sustained considerable damage from unit above, leaking faucet into my unit caused ceiling to fall into kitchen, damaged cabinets, wall, counter and laminate flooring. Unit owner does not have insurance, she has paid a small amount toward damages. My understanding is that Florida statute 718 indicates the Association is responsibile for repairs to ceiling, mold and common hall wall-all of which were damaged. I have asked the president to confirm I have the correct information and also the managing association, they will neither confirm or deny. They stated their insurance did an inspection and indicates there is no responsibility on their part. When asked for a copy of that report, that was ignored also Actually the Association has said not to contact them, there is nothing they can do. I am confused as the last email I sent to president after many, has indicated that the Board will decide if this will be looked at, if and when they feel like it. A special meeting cannot be arranged for my problem. Trying to find out if I have the correct information regarding, if yes then it seems simple to proceed with an attorney as they clearly do not want to accept responsibility.
My insurance has declined my claim: they will not cover continuous, leaking water! So I am screwed all around.

Thank you for your time,
Justice_531

#2 Guest_FindLaw_Amir_*

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Posted 10 January 2013 - 10:33 AM

This is a matter you may wish to consult with a local Florida Real Estate Lawyer to address and advise you on how to proceed. I also suggest you visit the Real Estate Law Center: Owing a Home and reading Home Owners' Associations as a good resource.

#3 kassounilaw.com

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Posted 06 February 2013 - 02:24 PM

Generally speaking the association's responsibilities are outlined in the Covenants, Conditions, & Restrictions. You should have received this document when you purchased the condo. This document will describe what the common areas are and the association would be responsible for the repair of these common areas.
I would recommend you contact a property attorney who will be able to review the document and write a demand letter to the association.

Edited by FindLaw_AHK, 07 February 2013 - 08:18 AM.
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