Miami, FL asked in Real Estate Law for Florida

Q: A bldg drainage pipe btwn my 27th flr apt & the 28th flr leaked, undiscovered. Mold ceiling, sidewalls. Who pays?

1.Do hoa docs decide who pays,or does law Trump docs?

2. Pay just for drywall or complete mold removal wherever it's spread?

3. Unused maids suite been unused 18 yrs. Except ss rarely used storage room. Conceivably allowed problem to become worse

Do a hirise owners have a responsibility to proactively inspect EVERY room and closet regularly for 18 yrs to detect potential damage?

4. If mold has spread beyond ceiling into vertical space between shower walls, does building have to replace shower wall, or only backerboard?

Thank you, very much, for your valuable public service.

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1 Lawyer Answer

A: The answer to your questions resides in your condo documents, which we cannot review in this online forum. Generally, an association is liable to replace the bare walls, floors and ceiling unless your documents provide otherwise. The association is liable if the pipe services more than one unit but if the pipe services just one unit, the unit owner with the leak is liable for the damages.

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