Condominiums are common throughout Florida. Living or running a business in a condominium property presents a particular set of issues that owners of single family homes do not face.
The policy covering your particular condominium unit typically only covers damage that occurs from the “paint on the interior wall in.” However, Florida law and the condominium declaration requires your condominium association to properly maintain the community’s common elements (i.e. the roof and also includes, but is not limited to, conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services to units and the common elements). Thus, if your condominium association failed to properly maintain the common elements and a leak or fire occurs that in turn damages your unit’s interior, the association is ultimately responsible for the damage.
These losses present unique challenges in that you typically recover from the responsible party’s insurance carrier, not your own insurance. In the above example, you may file a lawsuit against the association to force their insurance company to pay you for the damage. These are commonly referred to as “third-party claims”. At JP Salas Law we represent individual unit owners and condominium associations with their insurance related claims. If you are a member of an association whose unit was damaged or a representative of a condominium association who is facing difficulty in recovering from your insurance carrier, contact JP Salas Law right away for a free consultation.