Legal Question in Civil Litigation in Florida

condo assn not fixed leak

My mother lives in Delray Beach, FL and has a leak in the ceiling of her master bedroom for a number of years. The assn has put on a new roof, and repainted the outside of the building. But in a driving rain, the leak still exists. The assn says they have done everything they can. Obviously they have not. What legal means do we have to force them to repair the leak?


Asked on 8/08/07, 5:40 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: condo assn not fixed leak

This may require her to retain a roofer or plumber to find the leak and then seek reimbursement from the Condo.

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Answered on 8/08/07, 6:47 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: condo assn not fixed leak

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your mother should retain a lawyer to send a demand letter to the Associaton to resolve the problem. If the Association refuses or fails to fix the roof, she can file suit against the Association for failure to properly maintain the building and for damages incurred by improper maintenance. The officers have a fiduciary responsibility to all of the unit owners to perform all of the responsibilities under Chapter 718 of the Florida Statutes and as set forth in the Declaration of Condominium and By-Laws of the Association. The failure to live up to their responsibilities is actionable under Florida law.

Scott R. Jay, Esq.

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Answered on 8/09/07, 1:52 am


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