You’ve just returned from vacation and opened your front door to discover two inches of black sludge covering your condominium unit’s floor. It’s a foul, nasty mess, and we’re not talking about the sewer backup, we’re talking about the dispute over who is going to clean it up and repair the damage to your unit.
Sewer backups and water leaks in condominiums are, unfortunately, a reality, and determining responsibility for performing repairs and for paying the cost of repair can be downright confusing.
Any portion of the condominium property that must be insured by the association against property loss which is damaged by a sewer backup or water leak must be reconstructed, repaired or replaced as necessary by the association as a common expense. Unit owners are responsible for the cost of reconstruction of any portions of the condominium property for which the unit owner is required to carry property insurance.
Following a sewer backup or water leak, it is good practice for each party affected to contact his insurance carrier to determine whether the cost of repairing or replacing the damaged property is recoverable under the policy. Often, either because of deductibles that exceed the cost of repair, exclusions from coverage, or coverage limits, all or a portion of the cost of repair will not be covered.
When property losses occur as a result of a sewer back up or water leak, each party who suffers damages for costs incurred in reconstructing, repairing or replacing condominium property may look to recover his or her damages from the party responsible for causing the sewer backup or water leak. For example, if the leak or backup was caused by another unit owner’s failure to maintain plumbing equipment or water pipes, or from improper disposal of items down the drain or toilet, the parties suffering damage, including the association, may pursue a claim for damages against that unit owner. Similarly, if the backup or leak was caused by the association’s negligence in maintaining common element pipes or common element sewer lines, unit owners damaged as a result may pursue a claim against the association.
A condominium association may, upon the approval of a majority of the total voting interests in the association, opt out of the statutory allocation of repair and reconstruction expenses and allocate such expenses in the manner provided in the condominium’s declaration.
In recent years there have been several, significant amendments to the Florida Condominium Act regarding this issues. So, if your association has questions about each parties’ respective obligations to perform repairs or pay the cost of such repairs following a sewer backup or water leak, contact your association attorney.
____________________________________
This Blog was prepared by Paul T. Hinckley, Esq. of Taylor & Carls, P.A. The information contained herein should not be acted upon without professional legal advice. The opinions expressed herein are as of the date hereof, and this law firm undertakes no obligation to advise of subsequent changes in the law.
The firm of Taylor & Carls, P.A., with offices located in the Orlando area, Tampa - St. Petersburg area, and Northeast Florida (Jacksonville/St. Augustine/Palm Coast), was founded in 1981 and has practiced in the area of community association law since that date. The firm can be reached Toll Free at 1-800-395-6235 or locally at 407-660-1040.
