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MIAMILAW1127
MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 731
Experience:  Founding Partner at Moises Law, P.A.
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Leaks in pipe within ceiling, condo owner fixed, leak in

Customer Question

Leaks in pipe within ceiling, condo owner fixed, leak in stack pipe at roof line and water leaking the livingroom. Lots of water damage and the Association is responsible. I have had 10 to 12 ft of ceiling cutout for one month. The Mgmt Team representing the Associaton would go a week at a time with no response and only when I would send a video, tell them the city bld inspector was coming in, (a/c inspection and nothing to do with water damage), would they respond. It has esculated and after fighting this mgmt company for 4 full weeks, we contacted the VP of agency and the since the contact information for the Board is the mgmt team I found the attorney that represents board and owner contacted him. Point is they are now stating I have been non complianant and theatening to remove the lock from door and come in. The only time I have not come home from work or stayed home from work was last week when some guy name Fergie called me at work and said he was a sheet rocker and wanted in. I could not just get up and leave work and told him this was supposed to be scheduled. Mgmt company is making accusations about my integrity that are very unfounded and just plain not true. What rights do I have. I have been living with debris falling from the attic as the plastic covering these holes are not secure. My lungs are hurting and I am losing my voice. What are my rights? I have a level 9 disability on my knee and these folks are really not playing fair.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello,

My name is***** and I am here to try to assist you.

Condo units can be a bit tricky. Typically, you should carry renter's insurance to cover all of your personal property as the unit owner is not responsible for insuring your personal property. In a situation like this where there is a leak in a pipe in the roof (the same applies for pipes in walls, etc. that are the responsibility of the Association), the Association is in charge of addressing the issue and fixing the broken pipe as well as any and all sheetrock, drywall, etc. They are also responsible for remediating any mold that forms as a result from the leak.

When the water loss first happened, the Association should have sent out a remediation company that would have set up fans in the unit to dry the unit out and prevent mold from forming or worsening. Did they do that? It sounds like you may have some mold due to your lungs hurting. That is typically a sign there is mold that you are breathing in.

They legally cannot remove the lock to your property. You also cannot unreasonably deny them access to the property to address the loss. They do have to schedule inspections, repairs, etc. with you. They cannot simply show up unannounced.

You're only potential remedy in this action is to sue the Association. You cannot withhold maintenance payments.

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