Legal Question in Real Estate Law in Florida

Florida Condo Dry Wall Maintenance

Have there been any Legal Decisions regarding the responsibility ( association or Owner) for maintenance and or repair of Drywall systems inside a condo unit??

Would apprewciate any info or direction to aquire data on tis subject.

Thanks

Chuck Wattson


Asked on 5/04/07, 1:53 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Florida Condo Dry Wall Maintenance

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.

Unless I am missing something, there is no need for any legal decisions regarding the responsibility for maintenance and repair of drywall within a condominium. It is clear under Florida law and generally it is spelled out in the condominium documents that the unit owner is responsible for the repair and maintenance of everything contained within his or her unit. The only exception might be if the unit owner can prove that any damage was caused by another unit owner (i.e. - a toilet or bathtub that overflowed) or due to a malfunction of something that is a common element like a burst pipe which is contained within the walls.

Scott R. Jay, Esq.

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Answered on 5/04/07, 6:37 pm


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