Legal Question in Real Estate Law in Florida
Auto damage while parked on condo property
My car was parked in the garage under my building and received paint damage requiring professional repair. The culprit was some rusty crud that dripped onto the hood out of a leaky overhead pipe.
I reviewed the condo bylaws, and I found no reference to parking responsibility, but a sign was recently hung in the garage stating ''Residents park at their own risk''. The sign WAS there prior to the incident.
I passed a copy of the repair bill in to the condo manager and she responded that I park at my own risk, so the condo will not take responsibility for repairing the damage. My hunch is a sign is not sufficient to absolve them of responsibility, and since the damage comes directly from their neglect and not a third party, such as another resident dinging my door, or an act of God, they are responsible. Am I correct, or is this just wishful thinking?
P.S. - Last year my car was downwind of a handyman with a can of spray paint while on the property, and I paid to get that damage cleaned off too. This is an issue that is beginning to cost me on a regular basis... Any thoughts?
1 Answer from Attorneys
Re: Auto damage while parked on condo property
The garage sign is an issue that can be dealt with. You may have a claim against the condominium association for its negligence which resulted in your property damage. You should seek the advice of counsel experienced in these types of claims to learn whether you have a viable case, and if so, whether the lawyer is willing to take the case on a contingency fee basis (meaning you only pay if a recovery is secured). Good luck.
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