I have spoken with many Florida Condo Owners that have water damage from roof leaks or other leaks caused by the Condo Association’s failure to maintain the common elements. While the law is clear that the Association has a non delegable duty to maintain the common elements, a problem arises for the individual owners. Many owners have significant damage to the walls and interior of their apartment that needs immediate repair, replacement and even mold remediation. Unfortunately, it would not be wise to repair the interior of the individual Condo unit until the external source of the water leak or intrusion is repaired. Because the water intrusion or leaks usually begin from the common elements the individual owners are precluded from hiring their own people to fix the leak according to the provisions in the Governing Documents of the Condominium Association.
Many owners trying to deal with the Association on their own have experienced considerable delays and stonewalling in response to their requests that the leak be fixed. In some cases the Association will try to blame the cause on other owners or third parties like roofing companies and plumbers. I spoke to one individual that lost his tenant as a result of mold caused by the water damage. Due to the Association’s delay tactics he may lose another season’s rent because the interior of the apartment cannot be repaired until the roof leak is fixed. While some Associations are quick to deal with these type of issues they are usually in the minority. Unfortunately, until the Condo Association Board is faced with a lawsuit or the threat of litigation coming from an experienced Trial Attorney they may never take the appropriate steps to repair the source of the leak. I have one client that complained of water leaking into her townhouse for six months. Even when the Fire Marshall condemned the dwelling due to the severe water and mold damage, the Association still failed to take action. It wasn’t until a lawsuit was filed against the Association that any positive steps were taken.
Don’t try to deal with the matter on your own. Seek out legal advice from an experienced Trial Attorney that specializes in representing condo owners. Your Association keeps expensive Florida Law Firms on Retainer so they can fight and delay your claim, and they pay these expensive Law Firms with your money. You should not be forced to deal with experienced Property Managers and Attorneys without having someone fighting for you in your corner?
Many Florida Condo Owners make the mistake of hiring a Florida lawyer that claims they represent owners when the majority of their clients are Associations. We do not represent Associations. We have been approached by Associations in the past to keep us on retainer but, as a matter of principal and to keep the battle lines clear, we do not accept cases from Associations.
The Law Offices of Herb M. Milgrim, P.A. is a Florida Law Firm that specializes in representing Condo Owners, Homeowners and Cooperative Owners that have disputes or are contemplating Litigation or a Lawsuit against their Association. Herb Milgrim is a tough trial attorney with over 20 years of experience. We provide prospective clients with a Free Case Evaluation. Once we have been retained we review all of the relevant documents and governing Florida Laws and advise our clients on the best course of action.
Remember that the Associations keep expensive Law Firms on retainer using your money. Before you try and fight the Association you should contact us to get a free case evaluation. We serve the legal needs of condo owners, homeowners and co-op owners throughout Broward, Dade and Palm Beach Counties, including Hollywood, Davie, Pembroke Pines, Coral Springs, Pompano Beach, Hallandale, Sunny Isles, Aventura, Downtown Miami, North Miami Beach, Boca Raton and West Palm Beach with two convenient office locations in Hollywood Florida and Boca Raton Florida. Call us now at 954-966-3909.