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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: 2 months ago.Category: Real Estate Law
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Answered in 6 minutes by:
12/10/2017
Real Estate Lawyer: Ray, Lawyer replied 2 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 45,244
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.

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Real Estate Lawyer: Ray, Lawyer replied 2 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

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Customer reply replied 2 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 2 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 2 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.

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Ray
Ray, Lawyer
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