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KJLLAW
KJLLAW, Other
Category: Landlord-Tenant
Satisfied Customers: 1109
Experience:  I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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I am on the third floor of a condo in Florida. The unit

Customer Question

I am on the third floor of a condo in Florida. The unit below is stating my tub drain is leaking down her walls and I need to fix it. However, the trap drain and piping to the main building drain is contained below my concrete floor and in the drop ceiling of the unit below me.
I cannot get my condo president to show me in writing the definition of a unit. He is stating, this to not common property and I am responsible for my trap drain repairs even if it is within another unit.
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  KJLLAW replied 6 months ago.
Good morning. Just to clarify, this is a condominium?
Expert:  KJLLAW replied 6 months ago.

If so, under Florida law the condominium association is responsible “for all portions of the condominium property as originally installed or replacement of like kind and quality.” The condominium association is not responsible to insure items such as personal property of the unit owners, floor, wall and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments.”

Background on the law. In 2008, the Legislature passed a law that states that all portions of the condominium property as originally installed or replacement of like kind and quality must be insured and maintained by the condo.

Trap drain and piping inside the drywall land is part of the original condominium property as originally installed and is not on the list of items that are excluded from the association’s insurance responsibility. Therefore, if the unit below is damaged by the leaky drainpipe and trap, then it is an “insurable event” for the condominium. Remember the condo association installed the piping and traps, and they insures the piping and dry wall, and are responsible to repair the leaks and damage arising out of the piping.

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