Full question:
the DOC's state the HOA is responsible for 'roof maintenance, repair ...' . I have mold growing on my ceiling as a result of a leaking skylight. Since the HOPA failed to even communicate with me I had to get the DBPR in Tallahassee involved just to get the leak fixed. Are they also responsible for fixing the damage to my drywall as a result of 'failure to maintain' (the roof is at the end of its lifespan) ? I am aware that FL does have a different approach to damage to other peoples property.
- Category: Real Property
- Subcategory: Homeowner's Association
- Date:
- State: Florida
Answer:
The responsibility for fixing damage caused by a leaking roof, including drywall damage, will depend on various factors. The court will consider details such as whether the roof leak directly caused the mold issue, how quickly you notified the HOA about the problem, and how long the mold has been present. Additionally, they may evaluate whether you took reasonable steps to mitigate the damage after discovering the leak.
In Florida, homeowners are generally expected to act quickly to prevent further damage. Most home insurance policies cover water damage mitigation and may require policyholders to take necessary actions to prevent additional losses. If the insurer inspected the damage, they may have specific requirements for repairs. The EPA recommends addressing leaks and starting restoration within the first 24 to 48 hours to prevent mold growth.
Legally, a person claiming damages must also mitigate those damages. If it is found that you did not take reasonable steps to repair the damage, a jury may reduce the compensation you could receive by the amount that could have been avoided.
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.