FL, A question about Liability?

[Crystal]

What is the name of your state? FL

Just recently a apt complex was converted to condos. Im currently an owner and just recently the condos were turned over to the new association. The association is trying to get up on its feet and a owner who just closed before the turnover bought thier condo "AS IS" and never did a walk through. Comes to find out that the condo in which they purchased has major mold. Looks like it is comming from a pipe in thier unit. Luckily we have concrete walls so the likelyness of this spreading unit to unit is slim.

My question here is now the owner of that unit is trying to have the association pay for thier mold problem. I find this very appalling, all of the rest of the unit owners paid additional money in the thousands to have thier units fixed. Why should the association pay for her $12,000.00 dollar mold problem.

Shouldn't she contact the seller (builder). Or is this the responsibilty of the association?

Any help would be great.

Thank you
Crystal

[HomeGuru]

Originally Posted by Crystal

What is the name of your state? FL

Just recently a apt complex was converted to condos. Im currently an owner and just recently the condos were turned over to the new association. The association is trying to get up on its feet and a owner who just closed before the turnover bought thier condo "AS IS" and never did a walk through. Comes to find out that the condo in which they purchased has major mold. Looks like it is comming from a pipe in thier unit. Luckily we have concrete walls so the likelyness of this spreading unit to unit is slim.

My question here is now the owner of that unit is trying to have the association pay for thier mold problem. I find this very appalling, all of the rest of the unit owners paid additional money in the thousands to have thier units fixed. Why should the association pay for her $12,000.00 dollar mold problem.

Shouldn't she contact the seller (builder). Or is this the responsibilty of the association?

Any help would be great.

Thank you
Crystal

**A: likely it is the liability of the HOA.

[Crystal]

Originally Posted by HomeGuru

**A: likely it is the liability of the HOA.

WOW! that really amazes me that now the rest of our tiny community will have to pay for this owners negligence and ignorance!

[HomeGuru]

Originally Posted by Crystal

WOW! that really amazes me that now the rest of our tiny community will have to pay for this owners negligence and ignorance!

**A: what? You never stated the cause of the problem or if in fact if the pipe is considered a common element or the condo unit owner's.
There is a lot more to this story and you have not given the complete facts.
My response was based on the limited information you provided.

[Crystal]

Originally Posted by HomeGuru

**A: what? You never stated the cause of the problem or if in fact if the pipe is considered a common element or the condo unit owner's.
There is a lot more to this story and you have not given the complete facts.
My response was based on the limited information you provided.

I will try my best in giving you better facts. From the photos she provided it looked like old mold on the dry wall. The photos showed the mold around the pipes to what looked like a sink or a shower. She got an inspector to inspect the mold which cost 675.00 and change. The association had given the Management company the information to get an inspector but the owner went ahead and got her own without the approval of the management company.

She came to the BoD meeting yesterday with the bill. She then stated that they re-dry-walled everything. So basically all she has as proof right now is the pictures.


To my knowledge the homeowner is responsible for the pipes inside thier unit (one of my pipes in our unit leaked and caused a hole in the first story cieling) We contacted the builder becasue this occured 7 days after we closed. They came back and fixed the problem but not the dry wall.

I also want to make the point that a unit next to our before he closed he noticed mold under his sink. He told the builder and they fixed it before they closed. Isn't that what the walk through is for?