Which Entity Is Responsible For The Repair Or Replacement Of Damaged Property In A Florida Condo?
In a declaration of condominium, there are some areas that are spelled out for maintenance and who is responsible for the replacement and the repair of items within the Florida Condominium Statute. However, those are pretty limited and usually, there is a clause in the statute that refers you to the governing documents. The first place that you go, if you are an attorney looking at this issue to evaluate it, is under the definition of a unit. The unit owner is typically responsible for damages that occur within the unit and the association is liable for things outside the unit. There are some exceptions and it gets complex, which is why you should have an attorney look at it. Perimetrical boundaries are what define where the unit begins and where it ends and that is the obligation of the unit owner. If the damage is outside of that boundary, it may be the association’s responsibility.
A lot of times, there will be visual boundary definitions, which can be difficult to decipher. You will have to look at what it says in the writing, and any visual attachments, so it can become complicated as to whose responsibility damage may be. Those analysis need to be made by attorneys who know what they are doing, as opposed to a board member who may not have any kind of training in that area. You need to speak to an attorney who practices in those areas. That is why attorneys get paid to parse the words and parse the attachments to really come up with whose obligation it is to repair or replace property, if there is damage that occurs.
Does The Cause Of The Damage That Necessitates The Repair Or Replacement Of Property Determine Who Is Responsible In A Florida Condo Association?
If you are in a ground floor unit in a condominium that has multiple levels and you have damage within your unit, it is typically not the association’s fault unless the association has done something in the common elements that caused the unit to be damaged. If the damage comes from the unit above, then the unit owner above is going to be responsible. It is very dependent on the factual determination, aside from establishing whether or not it is actually within the unit where the damage occurred. These questions seem easy to answer but they can become quite complicated, depending on the facts.
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