Condo Repairs in Florida and How an Attorney Can Help
When purchasing a condo in Florida, you must familiarize yourself with condo repairs and maintenance obligations that you will have as an owner.
Will you have the responsibility for repairing and maintaining common spaces? Is the condo association in charge of the maintenance repairs inside of your unit?
Know that condominium lawyers from Ferrer Law Group can help you. Feel free to reach out today for a consultation.
Condo Associations and Condo Repairs
You can get a lot of information regarding condo maintenance from the Association’s governing documents. These should be easily accessible via your Association’s website. If not, you have the right to request them through an Official Records Inspection. Once you have access to them, you can easily check the Declaration of Covenants.
The only responsibility of any individual owner for most condos is their area. The common areas, or common elements, are typically always maintained by the COA.
Most condo governing documents state that anything beyond the drywall of your unit is a common element — pipes, wires, the roof, conduits, or other public utility lines that serve multiple units.
Additionally, it is a gray area when it comes to determining who is responsible for the things within an individual unit. There are even some condo associations that require all individual owners to maintain all the electricity and plumbing that is inside of their unit, while others do not.
Responsibilities Surrounding Condo Repairs
When it comes to condo repairs responsibility, Florida law states that the maintenance of the “common elements” is the responsibility of the condo association. Hence, the law does allow condo associations to state in their declarations that certain “limited common elements” are the responsibility of the unit owner who has access and use of it.
Most of the time, limited common elements are common elements that are only meant for the exclusive use of one unit owner. Some examples of limited common elements include storage areas, balconies, and assigned parking spaces.
When it comes to water damage, this can be a complicated area to determine whether the owner or the condo association will be responsible for repairing the damage. Condo associations must make sure that all common property/elements, including unfinished drywall, are covered by insurance.
However, the unit owner will be responsible for obtaining insurance to protect their belongings inside their unit, including items such as Flooring, appliances, window treatments, and cabinetry. If the ceiling and/or walls sustain mold or water damage, the condo association must replace the drywall. Further, it will be the unit owner’s responsibility to repaint or replace the wallpaper unless you can prove that the condo association failed to maintain a common element that was the cause of the damage.
Attorneys’ Involvement in HOAs
Experienced condo attorneys can help you navigate the many sources of information you have about your responsibility as a condo unit owner for repair and maintenance. This also includes the Association’s governing documents, Florida law, and the many insurance policies that play a role in filing a dispute over damage to your condo if that occurs.
Ferrer Law Group Can Help You
If you have found yourself involved in a dispute with your condo association regarding condo maintenance or repair responsibilities and are unsure of what to do, a condo attorney will be able to assist you with your next steps. Florida condo lawyers can help you in many ways.
Condo attorneys typically serve the legal needs of condo unit owners, homeowners, and corporate owners to resolve disputes with their condo association. An experienced condo attorney can help you work through all sources of information to determine who is responsible for what.
Contact a Florida condo attorney from Ferrer Law Group today!
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