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 answer will be a matter of subjective determination for the court, based on all the facts involved, such as whether the roof leak is found to be the proximate cause of the mold problem, how quickly the HOA was notified of a problem, etc. Some of the factors that may be considered, among others, include how long the mold appears to have existed, whether you should have noticed and or/notified the HOA of the problem.
Water damage mitigation is something that must be dealt with quickly and effectively. Most home insurance policies not only cover the cost of water damage mitigation, but also require the policyholder to take the necessary steps to prevent secondary damages. If the insurer inspected the damage, they may not have taken proper measures to repair the damage. The EPA says, "Stop the water leak quickly and begin restoration during the first 24 hours. It is important to dry water damaged areas and items within 24-48 hours to prevent mold growth".
Any person who claims damages as a result of an alleged wrongful act on the part of another has a duty under the law to "mitigate" those damages, which means a person needs to take advantage of any reasonable opportunity that may have existed under the circumstances to reduce or minimize the loss or damage. If a jury finds from a preponderance of the evidence that the Plaintiff [within the limitations of any damage sustained] failed to seek out or take advantage of a repair opportunity that was reasonably available under all the circumstances shown by the evidence, then the jury should reduce the amount of the Plaintiff's damages by the amount that could have been reasonably expected if the Plaintiff had taken advantage of such opportunity.
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.
