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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12249
Experience:  JD, MBA
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I own a condominium and discovered had black mold in the walls

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I own a condominium and discovered had black mold in the walls between the kitchen and bathroom. Is the condo association for the replacement of the walls?
Hello and thank you for the opportunity to assist you. My name is XXXXX XXXXX I will do my very best to answer your legal questions.

Just so I understand, are they claiming that they are not responsible merely because 8 years have passed? What is their reasoning?
Customer: replied 3 years ago.
Thanks for your response. Their reasoning is that the original damage to the walls happened eight years ago. At that time the management accepted responsibility for the plumbing costs but no one thought of the damage in the walls. Now their point is that it happened eight years ago. My position is they own the walls and are responsible for the damage which I only discovered during a remodel one month ago. This condo is in Florida. My question is are they responsible for the walls.
Hello again.

I don't see their point. What difference does it make whether it happened 8 days ago, 8 years ago, or 80 years ago?

As you stated, if they own the walls, then it is their responsibility to fix.

In my opinion, the main issue is whether they do, in fact, own the walls. You will need to review the condo declaration to find out exactly what it states. In most cases, the declaration will state that a unit owner merely owns from the paint inward, which means the pipes, walls, etc., are all considered limited common elements that are owned and maintained by the condo association. If that's the case, then the condo association is clearly responsible for fixing the walls.

If you live in a condo where you own the walls (again, check the declaration), then you may still have a claim against the condo association. The condo association already took responsibility for the water damage, and although the statute of limitations may seem to have expired, that is not necessarily true. There is a legal doctrine called the "delayed discovery rule," which basically states that the statute of limitations is suspended during a period in which a victim could not have reasonably discovered the harm. In your case, you could not have reasonably discovered the damage until you remodeled.

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