Legal Question in Real Estate Law in Florida
Condo Board of Directors responsibility
It has just come to the attention of members of our conco that the president has had a report for over a year stating that we have a serious termite problem. He has kept this report (from a major exterminating company) to himself and has not discussed it with the general population nor the Board of Directors. Now, an owner on a high floor has termite damage and my concern is that if she has damage we don't know how bad the situation really is. Can the Board President be held accountable for the owners damage? Can the entire Board be held liable? What was/is the President's responsibility since he withheld the report since May of 2002? His excuse for not reporting the situation or correcting the problem is that he has empathy for the older residents of the building who would be forced to vacate for 3 or 4 days and maybe cannot afford a hotel room. What recourse does the general membership have? What recourse do the owners who have damage have? Thank you.
2 Answers from Attorneys
Re: Condo Board of Directors responsibility
Yes he would have responsibility. Hopefully, the board has errors and omissions insurance. Good luck.
Re: Condo Board of Directors responsibility
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There may be responsibility for the president in his capacity as president. As such, if the Association has an errors and omissions insurance policy, any damages (money judgment) would be paid by the policy.
In order to hold the president responsible, you would have to be proved that you have been damaged by the delay in providing this information which can be very difficult to do. While there may be damage to a particular unit, did it happen before or after the inspection was made and the report provided to the president? That issue can be very hard to prove.
I strongly suggest that you meet with a real estate attorney in your area which appears to be Miami Beach to review the specifics of your situation.
Scott R. Jay, Esq., 305-534-8000/305-249-8000
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