As a Florida condo mold lawyer with offices near Miami, South Beach, Sunny Isles, Aventura, and Fort Lauderdale, I get hundreds of calls from condo owners who have suffered damage. These cases involve toxic mold and water intrusion from common elements like roofs and plumbing. Damage from other units is also common. Most people think the Condominium Association Insurance will cover all their damage. While Associations must maintain common elements and provide building insurance, most policies have mold exclusions or very limited mold coverage.
Many people don’t know that Florida condominium owners must have their own unit insurance. A condo association lawyer in Florida can explain these requirements in detail. Section 718.111 of the Florida Condominium Act sets forth insurance requirements for both associations and individual owners. Typically, the association covers the drywall out. The individual unit owner covers from the paint inward. For example, if a common pipe bursts without warning and damages your furniture, you won’t recover without unit insurance. You must also prove negligence by the association or another party.
The standard insurance policy individuals obtain is called an “HO6” Policy. As an experienced Florida condo lawyer, I can help you understand your policy’s coverage limits. This policy provides coverage for the Dwelling and Personal Property or contents. The difference is simple: imagine turning your unit upside down. Everything that doesn’t fall would be Dwelling coverage and everything else is Personal Property. Some policies also cover Mold and Loss of Use. So, if water or mold damage makes your unit unlivable, Loss of Use benefits provide temporary housing. Mold coverage is usually significantly less than Dwelling or Personal Property coverage.
Many insurance adjusters will try to take advantage of lower mold coverage limits. They blame the entire loss on mold to limit payouts to their own insureds. A Florida condo lawyer knows these tactics and fights for proper compensation. Flooding, broken pipes, water leaks, and drainage problems result in mold. They ruin drywall and trigger health problems. The term toxic mold refers to molds that produce mycotoxins. Exposure to high mycotoxin levels can lead to serious illness or even death.
Many condo owners with water intrusion don’t realize that toxic mold grows inside their walls. As a condo owner, your mold attorney helps ensure proper remediation of your unit. We make sure you receive compensation for your losses. When water intrusion isn’t properly addressed, units become uninhabitable. Therefore,you can’t sell or rent the unit. The problem spreads to other units, affecting everyone in the building. A good attorney in Broward County or Sunny Isles makes the difference between bankruptcy and financial health.
Mold thrives on moisture and humidity. This is unfortunate for areas like:
As a Florida condo damage lawyer familiar with these areas, I know that these humid Florida regions create perfect conditions for mold growth. Understanding your rights as a condo owner becomes critical when facing these issues.
Mold damage can be devastating to your health. The mold spores contribute to eye irritation, congestion, and asthma. They cause respiratory distress, skin rashes, and even mood problems. If you were exposed to dangerous mold, consider hiring a mold damage attorney for legal representation. Your health and financial recovery depend on proper legal guidance.
Since mold is essentially a function of water, several sources cause problems. Leaky windows, a leaky roof, and leaking pipes create mold issues. Prior water damage that wasn’t dealt with properly also causes problems. Getting rid of mold can be lengthy and expensive. The only way to eliminate it is to dry everything out completely. Moreover, a severe case may require a mold damage claim attorney and a professional mold remediation company.
If your condominium is contaminated by mold, whose responsibility is it? The answer can be complicated. Florida condominium law determines liability based on where the damage originated. If you’re a condo owner whose building has mold contamination, consider hiring us as your Florida condo attorney.
In cases where the association’s insurance carrier is involved, they send inspectors and experts to view damage. In my experience as a mold attorney, these inspectors look to blame water intrusion or mold on something that unit owners maintain. They target air Conditioning or windows as the culprit. Moreover, these Inspectors rarely share their findings with unit owners. They must hire their own experts to assess damage. Independent experts obtain evidence confirming the cause was failure to maintain common elements.
Association disputes require experienced legal representation. They keep expensive law firms on retainer to fight and delay your claim. They pay these firms with your dues. Without the right toxic mold attorney, you face experienced property managers and attorney teams alone. Our firm provides personalized attention throughout every phase of your case. We identify your goals and develop effective legal strategies to protect your investment.
We prove the loss resulted from failure to maintain common elements. Additionally, we make arguments showing the original cause was water intrusion. We also argue for greater dwelling and personal property coverage, not limited to mold coverage. The Law Offices of Herb M. Milgrim, P.A., is one of the only Florida Condo Law Firms that doesn’t represent Associations. As a mold damage attorney in Florida, we guide you through the process step by step. We coordinate with experts and inspectors to protect your interests.
We represent individual unit owners who have disputes or contemplate litigation against their association or another owner. Water and mold damage in your condominium, townhouse, or cooperative shouldn’t destroy your financial future. Whether you’re in Hollywood, Hallandale Beach, Sunny Isles, Downtown Miami, South Beach, Aventura, or anywhere in Florida, we can help.
We have over 20 years of experience as a Florida condo mold lawyer, protecting condo owners’ rights. Don’t let your Association’s insurance company minimize your claim. Call us today at (954) 966-3909 for a free case evaluation. Visit our contact page to schedule your consultation and learn how we can assist you.
*Free Case Evaluation is by telephone and does not include legal advice. Office consults with legal advice are available on a flat fee basis.
