Damage from Common Area

[MIKEPIN]

What is the name of your state? FL.

We had a pipe leak between the walls of two units. The maintenance guy did not fond anything, so it continued to leak for a whole weekend until we hired a plumber. A plumber repaired it and our condo association paid for the bill. However, we have now mold along the baseboards where the water was.

The cost for the mold handling will be 4000 and the association refuses to take any responsibility. They say that everything inside the unit is my responsibility.

Is this legal?

 

[justalayman]

Well, everything inside your unit is your responsibility unless it is caused by the negligence of another party. If the pipe leak was not due to negligence of whomever is responsible for those particular pipes, then the association would be correct. If you have insurance, you can file a claim with them. Otherwise it’s on you.

 

[LdiJ]

Well, everything inside your unit is your responsibility unless it is caused by the negligence of another party. If the pipe leak was not due to negligence of whomever is responsible for those particular pipes, then the association would be correct. If you have insurance, you can file a claim with them. Otherwise it’s on you.

Plus, not all mold is toxic mold. Some mold is not harmful.

Turn the claim into your homeowner's/tenant's insurance policy and let them handle it. They will go after the HOA if applicable.

 

[justalayman]

Plus, not all mold is toxic mold. Some mold is not harmful.

Turn the claim into your homeowner's/tenant's insurance policy and let them handle it. They will go after the HOA if applicable.

As far as the CDC is concerned, the fear of toxic mold (a misnomer itself) is overblown and not warranted.

There are very few reports that toxigenic molds found inside homes can cause unique or rare health conditions such as pulmonary hemorrhage or memory loss. These case reports are rare, and a causal link between the presence of the toxigenic mold and these conditions has not been proven.

Molds, any molds, can cause respiratory issues and should be treated but “black mold” has earned a reputation not deserved as far as the CDC is concerned.

https://www.cdc.gov/mold/stachy.htm#Q1
https://www.cdc.gov/mold/stachy.htm

 

[adjusterjack]

we have now mold along the baseboards where the water was.

The cost for the mold handling will be 4000 and the association refuses to take any responsibility. They say that everything inside the unit is my responsibility.

Is this legal?

Sure it's legal. And I can't imagine something happening over a weekend that takes $4000 to fix or is due to anybody's negligence. You should have been attacking that mold with bleach as soon as you saw it. Go online and find videos of how to remove mold from baseboards. You can probably get rid of it with a weak solution of bleach or buy something ready made at Home Depot. It's your house. Get busy.

 

[festival]

I agree with the others to put in a claim on your insurance.

I would also put in a claim on the association's insurance.

Check your condo declaration for the definition/description of your unit and the common elements. A wall between condos is often a common element that the association must repair.

FL law is different than other states. If the pipe break was sudden and accidental, then it is likely an insurable event, which under FL law means that the association's insurance should pay for damages to the building including the walls, but not including the paint on the wall and your personal property. The association also pays their deductible as a common expense not billed to you.

What does the $4,000 cover? It sounds like the contractor wants do extra work that may not be necessary. Get some more estimates from reasonable contractors who have some mold training as opposed to mold remediators or emergency contractors.

 

[justalayman]

I agree with the others to put in a claim on your insurance.

I would also put in a claim on the association's insurance.

Check your condo declaration for the definition/description of your unit and the common elements. A wall between condos is often a common element that the association must repair.

FL law is different than other states. If the pipe break was sudden and accidental, then it is likely an insurable event, which under FL law means that the association's insurance should pay for damages to the building including the walls, but not including the paint on the wall and your personal property. The association also pays their deductible as a common expense not billed to you.

What does the $4,000 cover? It sounds like the contractor wants do extra work that may not be necessary. Get some more estimates from reasonable contractors who have some mold training as opposed to mold remediators or emergency contractors.

The association did repair the plumbing but unless there is negligence by the coa, they are not liable for incidental damages to areas they are not required to maintain under the coa agreement.

 

[xylene]

Benzalkonium chloride (BZK) is also a good choice for mold and it is safer on colors

Wipe with biocide (bleach, BZK)
Dry with moving air
Treat with ozone

You can easily rent (or buy) a large ozonator. Run it full blast for the specified duration per cubic volume of the area to be treated (there are tables but it boils down to 6-8 hours mostly) Don't occupy the treated area during the treatment and for 5-25 hours after treatment as ozone is a respiratory irritant.

 

[festival]

The association did repair the plumbing but unless there is negligence by the coa, they are not liable for incidental damages to areas they are not required to maintain under the coa agreement.

I agree in most states, but that is not correct in FL and some other states that have laws requiring the association to insure condo units. Even in states that have no laws, some condo declarations will require the association to carry insurance on condo units.

 

[Zigner]

I agree in most states, but that is not correct in FL and some other states that have laws requiring the association to insure condo units. Even in states that have no laws, some condo declarations will require the association to carry insurance on condo units.

Cite please...

 

[justalayman]

I agree in most states, but that is not correct in FL and some other states that have laws requiring the association to insure condo units. Even in states that have no laws, some condo declarations will require the association to carry insurance on condo units.

Yes, a citation would be great

But regardless, a requirement to insure a private unit, if actuslly true, does not mean the coa is liable for damage to an individual unit.

 

[justalayman]

Here are a couple excepts from Florida statutes that I believe show your claim to be incorrect

(f) Every property insurance policy issued or renewed on or after January 1, 2009, for the purpose of protecting the condominium must provide primary coverage for:
1. All portions of the condominium property as originally installed or replacement of like kind and quality, in accordance with the original plans and specifications.
2. All alterations or additions made to the condominium property or association property pursuant to s. 718.113(2).
3. The coverage must exclude all personal property within the unit or limited common elements, and floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing which are located within the boundaries of the unit and serve only such unit. Such property and any insurance thereupon is the responsibility of the unit owner.

Then continue reading the statute here


http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/Sections/0718.111.html

 

[festival]

When the statute says coverage for "All portions of the condominium property as originally installed..." that means both the common elements and the condo units. This case would have to be an insurable event, meaning something sudden, and not an ongoing slow leak.

These FL articles can explain it better than I can and may be useful to the OP:

[links removed]

Some other states have adopted the Uniform Condominium Act, such as Texas, TITLE 7. CONDOMINIUMS, CHAPTER 82, 82.111.2 "(b) If a building contains units having horizontal boundaries described in the declaration, the insurance maintained under Subsection (a)(1), to the extent reasonably available, must include the units, but need not include improvements and betterments installed by unit owners."

 

[justalayman]

You need to stick with Florida. What happens in any other state makes absolutely no difference.

You also ignored this section :

3. The coverage must exclude all personal property within the unit or limited common elements, and floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing which are located within the boundaries of the unit and serve only such unit. Such property and any insurance thereupon is the responsibility of the unit owner.

But, even though the main structure (excludes wall, floor, and ceiling coverings) must be covered by insurance, thst does not impose liability upon the coa so as the op was told, file with any applicable insurance. What isn’t covered by insurance is the op’s responsibility.

 

[MIKEPIN]

There is a $2500 deductible...