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What is the jurisprudence saying in a case where my condo…

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What is the jurisprudence...

What is the jurisprudence saying in a case where my condo unit in Pompano encountered severe water damage (repairs of drywall and flooring over 4000$) from the unit above. The manager of the rented unit above was aware of the problem for 21 days (his own admission : they were informed "the water in the shower keeps running when knob is closed) but did not act (they claim that they waited for Plumber's proposal) before the property management strongly advised them to do something tangible. They did the repair after 21 days. + During this period they failed to contact the property management in the absence of the owner of the damaged condo (I am a snowbird and was absent) saying in writing that it “totally impossible to ascertain water intrusion by the naked eye” and did not know there was damage to unit below…

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

In Florida (Broward county)

Lawyer's Assistant: Has anything been filed or reported?

Yes between the owners of the two units and the pproperty management. NO lagal actions yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, the facts are mentionned in my little summary... Tks

Submitted: 1 month ago.Category: Legal
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Answered in 1 minute by:
1/1/2018
Lawyer: Ray, Lawyer replied 1 month ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 45,237
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 1 month ago

Per Florida Statute 718.111(11)(f), the association is responsible for everything except the following, for which the unit owner is responsible: 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.

According to 718.111(11)(j), if damage to the condominium property is caused by homeowner negligence, intentional conduction or failure to comply with the rules of the association, the homeowner is responsible for repairing ALL portions of the damaged condominium property not covered by insurance proceeds. Further, according to 718.111(11)(g), when a homeowner is determined by the association to meet the criteria listed in paragraph (j), the association may complete the repair work to the condominium property (excluding the personal property of the homeowners) and charge the cost of the work to the homeowner.

If the homeowner fails to pay, the association may collect the cost as if it were an assessment (see our blog on Collections Policies for more information). The homeowners that have sustained damage to their personal property (i.e. everything covered under Florida Statute 718.111(11)(f)) have the option to pursue legal action against the negligent homeowner.

So here the other owner is liable as you can see above.The Association can repair it and pursue the owner if they are willing to do so.

You also have option to file with your homeowners and then pursue the deductible.These options are all on the table I am sure you want your unit repaired.So see if the association would pay and pursue them, or you can file your claim against your homeowners and then pursue the unit owner that caused it all.

I appreciate the chance to help you today.I wish you the best here.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 1 month ago
What if I have no insurance, and initiated the repair that will be c ompleted soon, as I could not wait due to the nature (water) of the dammage...
Lawyer: Ray, Lawyer replied 1 month ago

Then you can sue them here.You can sue up to $5k or hire lawyer to pursue them.

Forms and self help for small claims

http://www.flclerks.com/?HDI_Small_Claim_Case

Thanks and thanks for rating 5 stars.

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Customer reply replied 1 month ago
Sorry for the delay... I had a connection problem...
... But is there jurisprudence on the notion of "homeowner negligence"? Is 21 days for repairing water dammage claiming that they received no complaints considered negligence?
Lawyer: Ray, Lawyer replied 1 month ago

You could argue this, they are liable to repair this even if you have to sue hem in small claims.And you may have too if they don't have insurance either.

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Lawyer: Ray, Lawyer replied 1 month ago

I wanted to thank you again and thanks for rating 5 stars at top of page .Your business is much appreciated.

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