Miami Condominium Association Negligence / Property Damage Claims
The state of Florida has about 2.7 million dwellings ruled over by one of 14,000 homeowner associations, or HOAs. A nearly equal number of condominium projects can be found just in Miami-Dade and surrounding counties. If your home is governed by an HOA or condo association, and you experience property damage because of negligence by the HOA or COA, Abraham Law Group can help you hold them accountable for the damage they have caused. Call Abraham Law Group at 786-224-4555 if you have a property damage claim against a negligent condominium association in Miami.
Florida HOA and COA Laws
Condominiums and condominium associations are governed by Florida Statutes Chapter 718. This chapter of the law covers the rights and obligations of developers, the rights and obligations of associations, regulations, and required disclosure prior to the sale of residential condominiums, condominium conversions, and more. Meanwhile, Florida Statutes Chapter 720 covers homeowners’ associations, including required disclosure prior to the sale of residential parcels, covenant revitalization, and a host of general provisions covering association powers and duties, assessments and charges, estoppel certificates, and more.
When dealing with a property damage claim against an HOA or condominium association, the association’s own governing documents might be just as applicable and important as the relevant state law. The attorneys at Abraham Law Group are experienced in dealing with complex laws and dense insurance contracts and apply this expertise to condo association negligence and property damage claims.
COA and HOA Insurance and Property Damage Issues
Florida Statutes 718.111 requires condo associations to adequately insure for the value of the property as determined by required appraisals every three years. The relevant appraisal is for replacement cost, not market value. Bear in mind that requirements might differ depending on whether the condo is developer-controlled or has completed the condominium conversion.
The COA’s responsibility to maintain common elements includes more than just the grounds, walkways, hallways and lobbies. The COA is responsible for the integrity of the roof and exterior walls, and possibly plumbing and wiring as well. Leaky roofs and cracked stucco can cause property damage to a unit owner, who might then have a claim against the COA for negligence in inspection, maintenance and repair.
For HOAs, it’s their governing documents and not state law that dictate what insurance the Board must purchase, whether a set amount is required, or whether the Board can buy a minimum amount with the option to purchase more. Insurance policies can vary significantly on whether they cover from the outside wall to the unit wall, from the outside wall to halfway to the unit wall, or from the outside wall to the inside of the unit wall, often with exclusions for owner upgrades inside the unit. It’s important to note that insurance companies often provide only limited coverage for mold damage.
Dedicated Help With Condominium Association Negligence and Property Damage Claims in Miami
If you experience water damage, mold or other property damage in your home due to a leaky roof, cracked stucco, or backed-up sewer lines, the condominium association may be to blame for neglect to the roof, stucco exterior, or plumbing. Getting coverage and compensation for your damage might require proving that the association’s neglect of a common area caused the problem in your unit. The experienced litigators at Abraham Law Group can help you make your case and see to it that you are fully compensated for the damage done to your property.
For help with condominium association negligence and property damage claims in Miami, call Abraham Law Group at 786-224-4555 for a free case evaluation. Our team is ready to listen to you and go to work for you, maximizing your results while minimizing your stress. Call today.
