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Condo Association won't initiate claim under the mandatory Master policy. Are they correct?

Jacksonville, FL |

I own a condo in Florida. My windows are single pane, therefore a significant amount of moisture gets inside and this has caused mold to start growing in my unit. I have my own insurance, but it does not cover the damage to the drywall. I know my Condo Assoc. is required to carry a master policy on the interior of the unit as originally installed. I would think this would cover my drywall, but when I contacted my Association, they said I was responsible for everything inside my unit, and, in any event, the Master policy only covers casualty. The non-lawyer Assoc. rep told me that the damage to my drywall is not a casualty, therefore it cannot be covered. Is she correct?

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Attorney answers 1


The answer to your question depends on the wording of your declaration of condominium. If the problem windows are common elements rather than part of the condominium, the association should probably pay for the damage. However, as a practical matter, you should make a claim under you condo owner's insurance policy. They can fix the damage and collect anything that the association owes. If you are unsure of your rights and responsibilities as a condo owner, you should consult an experienced real estate lawyer in your area.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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