Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My condo roof leaked and stained my popcorn ceikling. the…

Customer Question
My condo roof leaked...

My condo roof leaked and stained my popcorn ceikling. the BOD said that i must hire a contractor or have my insurance do the repair TRUE??

Lawyer's Assistant: Where is the property located?

FLORIDA

Lawyer's Assistant: Has any paperwork been filed?

Yes I submitted a repair request and the above was the answer

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

They stated the wall board was not damaged it is the common property

Submitted: 7 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 6 minutes by:
12/10/2017
Real Estate Lawyer: Ray, Lawyer replied 7 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,231
Experience: Texas Attorney for 30 years dealing in real estate
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ray, Lawyer replied 7 months ago

I say the Condo Association Policy should cover this.

Reference

the damage was caused by casualty,

the next question to ask is who insures

the damaged property. In Florida, responsi-

bility for repairing and restoring property

damaged by casualty rests with the party

who insures it. Who insures what part of

a condominium is not determined simply

by whether the element in question is a

part of the unit or a part of the common

elements. Florida statutes requires that a

condominium property insurance policy

must cover “[a]ll portions of the

condominium property as originally

installed,” except for, “all personal property

within the unit ... 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.”

(See, §718.111(11), Fla. Stats.)

Thus, if we return to our example of

damaged drywall and assume this time that

the damage was caused by a casualty event,

the responsibility for repair will lie with the

association that insures it. It does not matter

whether the drywall is a part of the unit or

part of the common elements—if it is a part

of the original construction, it is insured

by the association, and the association is

therefore responsible for it. Conversely,

responsibility for repair or replacement of

floor covering and cabinetry will lie with

the unit owner.

It is certainly logical, on the face of

things, for the party collecting the insurance

proceeds to shoulder the burden of the

repairs. But what if an insurance claim

for damaged drywall does not meet the

association’s deductible? Is the association

still responsible? In Florida, the answer is

yes, and this is

true

even if

the governing

documents provide otherwise. The

only way to shift the loss back to

the unit owner is through an

owner vote to opt out of this

statutory requirement. The statute

requires that a majority of the total voting

interests of the condominium must approve

the opt out in order for it to be effective.

http://www.becker-poliakoff.com/Files/6012_20130501_cottle_condo_owner.pdf

I say send them a demand letter here referencing the above and seek to be repaid the amount of $$$$.You can argue either their insurance should cover this or they pay deductible if it is under the deductible here.It should not be your cost.

If you are denied consider suing here in small claims.

I appreciate the chance to help you today.Thanks again.

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

You can sue up to $5k in small claims

http://brevardclerk.us/small-claims-forms

Ask Your Own Real Estate Law Question
Customer reply replied 7 months ago
they are stating that there is no damaged drywall, therefore I am responsible for the repair of the popcorn WALL COVERING
Customer reply replied 7 months ago
10 December 2017 04:47
they are stating that there is no damaged drywall, therefore I am responsible for the repair of the popcorn WALL COVERING
Real Estate Lawyer: Ray, Lawyer replied 7 months ago

There is no way the drywall wasn't damaged the popcorn covers it.Popcorn cannot get physically wet without it going thru drywall and damaging it too.I am not sure if it is possible to photo the attic here or space above but I think they are just bsing here.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,231
48,231 Satisfied Customers
Experience: Texas Attorney for 30 years dealing in real estate

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

11,963 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

48,231 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I just recently put my condo on the market . My agent
I just recently put my condo on the market for sale. My agent priviously sold another unit in my building. Apparently he heard there had been water damage from a leaking roof in another unit. He wante… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,176 satisfied customers
In 2013 my home was damaged by hail. The resulting damage
In 2013 my home was damaged by hail. The resulting damage required my entire roof be replaced. In 2015, during a heavy rain, the roof leaked. I called the roofing contractor so the "leak" would be fix… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
I own a condo at ground floor. There is another floor above me. I see
I own a condo at ground floor. There is another floor above me. I see that my bedroom and closet ceiling are leaking this morning, which may be cause by ice dam above second floor roof. I called my as… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,198 satisfied customers
FACTS: A unit in the building has a patio, and underneath
FACTS: A unit in the building has a patio, and underneath the patio are car garages belonging to different units. The patio floor has a leak, and water drips down on to the garages belonging to two di… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
I have mold and water damage in my unit from a pipe inside
I have mold and water damage in my unit from a pipe inside the walls. The condo association is repairing the pipe and is calling it a courtesy repair to the unit above and is saying that they are not … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I live in 4 unit condo-roof is leaking over my unit (It's
I live in 4 unit condo-roof is leaking over my unit (It's leaking down between the walls) Board is not fixing it, and my house is getting ruined; I've got mold starting to grow. HOA insurance states t… read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers
Condo Law: Our condo has a roof leaking (common element
Condo Law: Our condo has a roof leaking (common element is the roof). We purchased the unit in 1999 with a deck on the roof, therefore we own the deck on a common element (roof). Since the roof is lea… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,265 satisfied customers
I have a condo that i rent. It is in the 2nd floor. My tenant
I have a condo that i rent. It is in the 2nd floor. My tenant informed me that water was leaking from the a/c unit and water was causing roof damage to the unit on the first floor. I quickly called a … read more
David L
David L
Doctoral Degree
1,604 satisfied customers
I bought a condo in the end of January. Prior the purchase, the inspection repor
I bought a condo at the end of January 2011. Prior the purchase, the inspection report was completed in our unit. It was found that the leak from the bathroom unit upstairs damaged our bathroom ceilin… read more
socrateaser
socrateaser
1,031 satisfied customers
We had severe water damage done to our unit due to a crack
We had severe water damage done to our unit due to a crack in the roof... Upon repair, the contractors ripped out our radiant heat from our ceiling, is the HOA responsible to repair the heat or for th… read more
socrateaser
socrateaser
1,031 satisfied customers
My condo unit recently suffered water damage as a result of
My condo unit recently suffered water damage as a result of a rotted fascia board which should have been replaced before a new roof was installed 2-3 years ago. The insurance company denied the claim … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,540 satisfied customers
Hi, A leaky roof has caused damage to the walls of my condo.
Hi, A leaky roof has caused damage to the walls of my condo. I expect the HOA to pay for fixing the walls and repainting, but our condo lawyer has said "everything on the exterior of the building is t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
condo law question HOA hired contractor to reroof entire
condo law question: HOA hired contractor to reroof entire complex. There is lawsuite against association by contractor as all fees not paid. Association has lawsuit against insurance company for amoun… read more
evanesq
evanesq
Managing Attorney
Doctoral Degree
6 satisfied customers
We are having problems with our property manager. We live
We are having problems with our property manager. We live in a condo complex. A recent roof repair on our building's roof left my neighbor with a leak in her condo. The property manager says she is no… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
I am the landlord on a townhouse in Ontario, California. A
I am the landlord on a townhouse in Ontario, California. A new tenant moved in and signed a one year lease on the 1st of February. That following week there were major thunderstorms and it was determi… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,159 satisfied customers
I live in Chicago, IL. Question for Condo Lawyer. We are
I live in Chicago, IL. Question for Condo Lawyer. We are 8 condo self-managed condo associaion. We have Association insurance proceeds from a claim - we need to re-roof. The claim includes cost of rep… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,540 satisfied customers
My husband and I need to get some legal advice on who is really
My husband and I need to get some legal advice on who is really responsible for water damage to our condo in Ocean City, Maryland? The problem is caused by a crack in an exterior wall/balcony on the u… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I own a fee simple deeded 25 year old townhome in a Homeowners
I own a fee simple deeded 25 year old townhome in a Homeowners' Association which common elements(grounds and exterior of structures walls/roofs/decks) are managed on a condominium basis making each o… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x