Fl Law On Leak In Roof And Foreclosure

For south florida homeowners the threat of roof damage is a persistent concern.

Fl law on leak in roof and foreclosure.

As a condo attorney that represents individual condo owners in miami fort lauderdale west palm beach naples and many cities throughout florida the question i get asked the most is. There are slight differences to the rule for buildings in or out of an hvhz so it is important to know where your building lies. Florida s 25 percent rule. This law states that if more than 25 percent of a building s roof must be replaced within a 12 month period then the entire roof may need to be replaced.

Accordingly in most cases when water damage is sustained as a result of a flood windstorm roof or window failure or even a leak emanating from an upstairs unit the roof or an exterior wall. The older a building gets the worse the problem becomes. You have 4 years from that date within which to file suit. First one must identify the source of the water intrusion that caused the damage and ultimately led to the mold growth.

Many owners have significant damage to the walls and interior of their apartment that needs immediate repair replacement and even mold remediation. The reason is that a claim for construction defects must be brought within four years of the time that a defect was discovered as in our hypothetical or should have been discovered through the exercise of reasonable diligence. If a landlord fails to take care of important maintenance such as a leaky roof or a broken heater you have several important legal rights including the right to withhold rent until repairs are made. When seeking coverage under your homeowner s insurance policy for roof damage it is important to be aware of one unique aspect of florida s building code.

Florida tenants are legally entitled to rental property that meets basic structural health and safety standards and is in good repair. Protection for homeowners with storm damaged roofs. From downed trees to tropical storms and hurricanes all types of natural hazards can cause leaks damage and total destruction. Who is responsible for mold contamination and water damage in my condominium.

Because the board would adopt this as a rule of the association florida statute 718 111 11 j allows the association to charge the homeowner who has not complied with this rule the full cost of repairing damage due to a water leak stemming from their unit. If a house is in the foreclosure process and it is vacant but the neighbors roof is leaking because of the foreclosed home who should be responsible for fixing the leak so the neighbors house stops leaking. I am confident that damage caused by water leaks is the most common issue i deal with in my condominium law practice. I have spoken with many florida condo owners that have water damage from roof leaks or other leaks caused by the condo association s failure to maintain the common elements.