Legal Question in Real Estate Law in Florida
My parents own a condo in West Palm Beach, Florida but reside in NY in the summer months. Last week they were informed that over an inch of water entered through their slider doors. They have a small enclosed patio that apparently got filled with water due to the debri from the tree overhanging and the amount of rain. My parents homeowner's insurance is paying for the cleanup, however, the other damage, rugs, kitchen cabinets etc their homeowner's insurance is not paying for because they were told they did not have flood insurance. My question to you is, are my parents responsible for this damage or is the condo association responsible because it is an outside structure? The association is claiming they are not responsible. Any guidance you could provide would be helpful.
2 Answers from Attorneys
All inside flood damage, i.e., kitchen cabinets, is your parents responsibility. Also, if it is on the patio, and it is a limited common element, which is what it sounds like, would also be their responsibility.
This does not sound like a flood to me.
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