Full question:
A condominium association in Florida is asking the owners for an amendment that is a disclaimer, waiver, and release of claims regarding mold and mildew. The Association wants the owners to admit that mold and mildew can exist in the wall cavities, windows, and on the interior surfaces of the apartment and yet waive any responsibility by the association. The question is: If the association is malfeasant in its duties to maintain the roof and envelope of the building, how can an owner or the owners insurance company subrogate a claim?
- Category: Contracts
- Subcategory: Releases
- Date:
- State: Florida
Answer:
Mold cases can be challenging due to proof issues related to causation and damages, especially since there are no clear standards for mold. Whether a condominium association is liable for mold issues despite a waiver depends on the specifics of the situation and the disclosures made. If the association fully discloses known issues and the owners voluntarily waive liability, the waiver may be valid. However, if the association fails to disclose problems it knows about or should know about, the waiver may not hold up in court.
Factors that courts will consider include the cause of the mold, whether the association took appropriate steps to inspect and maintain the property, if any prior mold issues were known, and the accuracy of the disclosures made. For instance, if the association is aware of a mold problem but does not disclose it or attempts to hide it, the waiver may be invalid. Similarly, if the association neglects to address known mold issues or fails to conduct proper inspections, the waiver may not be enforceable.
Ultimately, the enforceability of the waiver will depend on the specific facts and circumstances of each case. Additionally, the insurance policy's coverage will play a role, as some policies exclude mold-related claims. It is advisable for owners to discuss mold coverage with their insurance providers.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.