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Can the HOA be sued for damages resulting in a rat

Customer Question
Can the HOA be...

Can the HOA be sued for damages resulting in a rat infestation in a single unit that spread to adjoining units?

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

Yes. An inspection report from an exterminator has been delivered to our cam. Nothing has been filed in a court.

Lawyer's Assistant: Where is the property located?

Perdido Key, FL

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

The owners of the condo have started cleaning the infested unit, however the rats have spread to several adjoining units that will have to cancell vacation rentals due to the infestation.

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 3 minutes by:
1/1/2018
Real Estate Lawyer: Lori, Lawyer replied 1 month ago
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 710
Experience: Real Estate Attorney with over 25 years experience
Verified

Yes, if the HOA provides exterminating services to the units or if the HOA was aware of a rat infestation in that single unit and did not take steps to protect other residents due to the health and safety of the residents. You also have a claim against the unit owner.

Hope that helps. Please remember to accept the response and post a positive rating.

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Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 710
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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).

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