Question:
Water damage has occurred from a roof leak causing damage to the wood floors and the appearance of mold (type unknown). This has been going on since 2014 and the Association has always maintained it was something else (the air handler, leaks around the toilet and in the shower, etc.). Flooring has been replaced twice and recently it has been definitively proven the leak came from the roof.
Is the Association or the homeowner responsible for the mold mitigation and new flooring since it is the common element (roof) that has caused the problem?
– Jim
Answer:
Hi Jim,
According to the Florida Condominium Act Section 718.113(1), “Maintenance of the common elements is the responsibility of the association. The declaration may provide that certain limited common elements shall be maintained by those entitled to use the limited common elements or that the association shall provide the maintenance, either as a common expense or with the cost shared only by those entitled to use the limited common elements. If the maintenance is to be by the association at the expense of only those entitled to use the limited common elements, the declaration shall describe in detail the method of apportioning such costs among those entitled to use the limited common elements, and the association may use the provisions of s. 718.116 to enforce payment of the shares of such costs by the unit owners entitled to use the limited common elements.”
That being said, since flooring is not a common element, it is generally the responsibility of the unit owner. Your insurance may be able to cover the cost of replacing the floor. For further guidance, it is best to consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
