Florida Condo Insurance

I live in a condo and there was a roof leak that caused mold to form on my wall. My insurance agent said that the condo association is responsible for repairing the damage and my insurance won't cover the damage. He said it is a Florida law. Is there such a law that makes the association responsible and if so can you tell me the law?

 

Answer:

We are really good at insurance; we're not as good at law. I would take advantage of your half hour of free lawyer's time and get another opinion.

 

I believe I've commented in this blog before that insurance companies often refuse to pay for condominium claims. The first position is virtually always to indicate that the condo association will have to pay. You'll need to know a few things to help yourself out:

1.      Is the wall with the mold still otherwise in "original" condition? If it is the finish that was applied by the builder, it could in fact be the condo association that has to pay.

2.      If the wall has been painted or otherwise updated by you or a previous owner, then you have a better case for the insurance company to pay for it. But not necessarily a "slam dunk". Fundamentally, the insurance company and the condo association will both want to have the other take responsibility, because the condo association won't want to set a bad precedent and the insurance company won't either.

In most cases, you will have to be persistent. If you do not get a good result from your own efforts, it can pay to get a lawyer.

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