Miami Condominiums and Mold Damage
LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law
I’ve Recently Purchased a Condominium Unit in Miami. How Frequent is Mold Damage in this Area?
Disputes regarding mold damage to condo properties can be quite common in the Miami area. Mold results from a combination of certain heat and moisture conditions. The unique humidity and weather conditions of Miami can create fertile conditions for mold within the unit itself. Some common areas of an individual condo unit that might be affected by mold are:· Walls
· Ceilings
· Drywall
· Carpets
· Furniture and fixtures
· Air Conditioning Systems
Of these areas, probably the one of greatest concern will be your air conditioning system. Many condo owners are not aware that air conditioning systems can grow mold within the lining of the system. Also mold from the surrounding environment can enter through the intake system, where can be further dispersed throughout the unit.
Therefore, before taking any measures to repair damage from mold, be sure to include a thorough inspection and cleaning of your air conditioning unit.
Who is Responsible for the Costs of Repairing Mold Damage: the Condo Association, or Myself as a Unit Owner?
Generally speaking, the condo association is required to carry a general insurance master plan for the common elements of the condominium complex. Common elements include areas such as parking lots and lobbies, and not individual units. Therefore, mold damage found within a unit will not typically be covered by the master plan. Moreover, since mold is a slow-forming growth, it is usually not considered to be an unforeseen “casualty” for insurance purposes.
However, there are instances where the association or board may be responsible for costs associated with mold damages. The most common instance in Miami is where a water leak (such as a broken pipe) from a common element has intruded into an individual unit and caused subsequent mold damage. In the event of mold damage in a unit due to a water intrusion from a common area, the unit owner should take the following steps:
· Immediately notify the association or a board member of the problem, specifically pointing out that the source of the water breach is from a common element
· Document any damages to property, including the use of photographs and video if necessary
· Request that the association take steps to repair the water leak
· Only if the association has exhibited a severe delay in repairs of the common element can a unit owner file for statutory relief in the form of damages or an injunction. Even then, depending on the severity of the delay and damage, a court might limit relief under Florida insurance laws.
Other commons instances where recovery for mold damage might be possible are for landlords who have rented their property and lost rent income due to mold damage, or for air conditioning units that were found to be defective (containing mold) when installed.
What Steps can be Taken to Prevent Mold Damage?
For unit owners, general inspections and cleanliness procedures will usually suffice in the prevention of mold buildup. Keeping carpets and walls dry will help eliminate the conditions necessary for mold to grow in. Special care should be taken to regularly clean and empty appliances such as refrigerators and freezers, as well as any other moisture-containing areas.
For condo associations and board members, Florida law requires that the association ensure that the condo premises will not cause damage to individual units. Some associations have instituted their own standards to minimize mold-related damages. You may wish to consider proposing an informational weekend seminar or publishing mold guidelines to be distributed for the purpose of educating residents.
Do I need a Lawyer to help Me address my Claim for Damages from Mold?
Since mold growth may be common in the Miami area, damages that are extreme may warrant the attention of a lawyer. Also, if the damage is caused by the inattention of the condo association or negligent construction, you may have a claim for statutory relief. There are several lawyers in the Miami area who specialize in the laws governing condominiums, which can often be quite complex.
Consult a Lawyer - Present Your Case Now!
Last Modified: 05-27-2010 10:15 AM PDT
