Mold
https://www.floridacondoattorneys.com/faqs-about-mold-and-moisture-in-your-florida-condo/
Florida Condo Mold and Water Damage Claims
Living in a warm and humid climate like Florida’s puts your home at risk for mold growth. The risk only increases during hurricane season (June 1 – November 30). Mold prevention should not only be a regular part of maintaining your Florida condo, but it is also important to your health and well-being. Understanding how to prevent mold growth, what to do if you discover mold in your condo, how to remove it, and who is responsible for any damage to your property, can bring you peace of mind and help you to be well-prepared and well-informed should you experience mold or water damage in your home.
As set forth below, the Florida Department of Health has developed a lot of useful information to address common concerns about indoor mold. An experienced Florida condo attorney can help you to understand your rights and obligations and maximize your recovery for a mold or water damage claim.
What Health Problems Can Be Caused By Mold?
According to the Department of Health, there are four kinds of health problems that come from exposure to mold:
- Allergic illness
- Irritant effects
- Infection
- Toxic effects
For those who are sensitive to molds, symptoms such as nasal and sinus irritation or congestion, dry hacking cough, wheezing, skin rashes, or burning, watery or reddened eyes may occur. People with severe allergies to mold may have more serious reactions, such as shortness of breath. Those with chronic illnesses or immune system problems may be more likely to get infections from certain molds, viruses and bacteria. Molds can also trigger asthma attacks in asthmatics.
Headaches, memory problems, mood swings, nosebleeds and body aches and pains are sometimes reported in mold complaints, but the causes of these physical symptoms are not yet understood. Indeed, the toxic effects of certain molds are a controversial topic in the medical and scientific communities. Very little is known about the actual health risks from breathing in or having skin contact with mold toxins. Currently, allergic disease is considered the most likely health problem related to mold exposure.
How To Prevent Mold Growth
Mold needs moisture in order to grow. Indoors, mold growth can be found where humidity levels are high, like basements and showers. Many building materials, such as wood and sheetrock, provide “food” that can support mold growth. Because molds can grow almost anywhere there is enough moisture or high humidity, controlling moisture is the key to stopping indoor mold growth. Keep your home clean and dry. When water stands for even 24 hours, common molds can take hold. Among other things, the Florida Department of Health recommends keeping humidity levels in your home below 60% and venting moisture from showering and cooking to the outside.
Many Florida Condominiums are owned by “Snowbirds” who only stay in the unit part of the year. If you plan on leaving your Florida condo for more than a couple of weeks you need to make sure you run your air conditioner at a minimum setting of 78 degrees to avoid moisture-driven mold. You should also shut off the water supply coming into the unit, if possible, to avoid any sudden leaks while you are away. You may even want to consider hiring someone to check on your unit.
What To Do If You Discover Mold In Your Condo
Mold should be cleaned as soon as it appears. If it is a small enough area of mold (less than 10 square feet), you may be able to do the job yourself. Just be sure to wear gloves and goggles. Use a detergent/soapy water or a commercial mildew or mold cleaner. In most cases, bleach is unnecessary. Once the area is cleaned, be sure that is thoroughly dried. If the mold returns quickly, it may mean that you have an underlying problem, such as a water leak, which must be addressed. If there is a lot of water damage and/or mold growth covers more than 10 square feet, check the EPA guidelines and consider hiring a professional.
Mold and water damage to your home can be overwhelming. Fortunately, in the case of an unexpected event, your condo association will likely be responsible for repairing the common elements (damaged ceilings and drywall), while your homeowner’s insurance should cover damage to the finished interior surface and your personal property. A more detailed discussion of who will pay for water damage to your Florida condo can be found here.
How a Florida Condo Attorney Can Help You With a Water Damage Claim Against Your Association
If you have suffered water or mold damage to your Florida condominium and your association is disputing its obligations, we welcome you to contact us at (954) 966-3909. We serve the legal needs of individual condominium owners, homeowners and cooperative owners in resolving disputes with their associations throughout Florida, including Broward, Dade and Palm Beach Counties, as well as Hollywood, Davie, Pembroke Pines, Hallandale, Sunny Isles, Aventura, Miami, North Miami, Brickell, Boca Raton, West Palm Beach, and Naples. We never represent associations.
Please note that free case evaluation is by telephone and does not include legal advice. Office consults with legal advice are available on a flat fee basis.
I am sitting here in my law office in Hollywood, near Miami, Fort Lauderdale and Aventura and the rain is pouring down. I figure with all the rain we are getting today it is probably a good day to make a visual inspection of my own home for signs of water intrusion. As a homeowner of a single-family home, I am the one ultimately responsible if water comes in through the roof or a crack in the foundation. Therefore it is important that I address my responsibilities. Unfortunately for many Florida condominium owners, Association Board Members and Property Management Companies charged with similar responsibilities are not as diligent.
As a Trial Attorney that helps individual condo owners, I get calls every day about various condo associations that have not maintained the common roof, walls, slab, or plumbing. In many of these cases, the Condo Board or Property Management tries to blame the problem on someone or something else or they simply try to ignore it altogether. In other cases they hire inexperienced, untrained workers to perform roof repairs and other work that should have been done by properly licensed and highly qualified experts in their field. In almost all of the cases, the individual condo owner has seen their condo unit severely damaged due to water intrusion resulting from the Condo Association's failure to maintain the common elements. In some of the more serious cases, the condo units have become uninhabitable due to the presence of toxic mold.
According to the Florida Department of Health, an increase in the levels of mold in the home can significantly increase the risk of potential health problems. The Florida Department of Health has come up with a guide for individuals to use in conducting their own inspection of their home:
- Look for visible mold growth (it may look cottony, velvety, rough, or leathery and have different colors like white, gray, brown, black, yellow, or green). Mold often appears as a staining or fuzzy growth on furniture or building materials (walls, ceilings, or anything made of wood or paper). Look for signs of moisture or water damage (water leaks, standing water, water stains, condensation, etc.).
- Check around air handling units (air conditioners, furnaces) for standing water. Routinely inspect the evaporator coils, liner surfaces, drain pans and drain lines.
- Search areas where you notice mold odors. If you can smell an earthy or musty odor, you may have a mold problem.
- If mold-allergic people have some of the symptoms listed above when in your home, you may have a mold problem.
If you decide to hire someone to come in to inspect or assess your condo unit for mold or water damage make sure that you hire a reputable company and check to see if they are properly licensed. Prior to 2011 companies would come in to "assess" for mold and water damage, write up a huge estimate and then solicit you to hire them to do the repairs and mold remediation. This clearly presented a conflict of interest. Now the law prohibits this type of practice. Under Florida Law a mold assessor means any person who performs or directly supervises a mold assessment. A mold remediator means any person who performs mold remediation. Mold remediation is the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter. According to Florida Statutes Section 468.8419 a person may not:
- (d) Perform or offer to perform any mold remediation to a structure on which the mold assessor or the mold assessor's company provided a mold assessment within the last 12 months. This paragraph does not apply to a certified contractor who is classified in s. 489.105(3) as a Division I contractor. However, the department may adopt rules requiring that, if such contractor performs the mold assessment and offers to perform the mold remediation, the contract for mold remediation provided to the homeowner discloses that he or she has the right to request competitive bids.
Many individual condo owners in Dade, Broward and Palm Beach County contact me to assist them in getting their Condo Board to take action. Usually the first thing that needs to be done is to get the Condo Association to hire properly licensed contractors to repair the source of the water intrusion in accordance with current building codes and acceptable industry standards. YOU CANNOT REPAIR THE INTERIOR OF THE UNIT OR REMEDIATE FOR MOLD UNTIL THE CONDITION CAUSING THE WATER INTRUSION IS FIRST REPAIRED. Many Condo Association Boards try to argue that the individual unit owner is responsible for the repairs to the interior of the unit and the contents that were damaged as a result of the Association's failure to maintain the common elements. While the Florida Statutes do require individual owners to provide insurance coverage for the interior of their unit that does not relieve the Association of its non-delegable duty to maintain the common elements. In fact, many claims that are submitted to the individual's insurance carrier are denied because the source of the water damage originated from outside of the Condo Unit.
Over the past 24 years, we have handled hundreds of Condo Water Damage Cases. In almost all of the cases dealing with Florida Condominiums, the water intrusion or leaks usually originate from outside the unit and involve the common elements. The Condominium Declaration usually precludes individual owners from hiring their own people to fix a leak or source of water intrusion coming from outside the Unit if it involves repairs to a common element. Many individual condo owners that initially attempt to work with the Association to resolve the matter on their own have encountered difficulties trying to get the Association to fix the problem. Association Boards and Property Managers try to blame the cause on other owners or third parties like roofing companies and plumbers.If you are tired of dealing with the matter on your own, you should seek out legal advice from an experienced Trial Attorney that represents condo owners. Your Association keeps expensive Florida Law Firms on Retainer so they can fight and delay your claim, and they pay these expensive Law Firms with your money. You should not be forced to deal with trained Property Managers and Attorneys without having someone fighting for you in your corner?
The Law Offices of Herb M. Milgrim, P.A., is a Florida Law Firm that represents Condo Owners, Homeowners and Cooperative Owners that have disputes or are contemplating Litigation or a Lawsuit against their Association. We provide prospective clients with a *Free Case Evaluation. You can call us and tell us about your case to see if we can help you. Once we have been retained we review all of the relevant documents and governing Florida Laws and advise our clients on the best course of action. Call us now (954) 966-3909!
If you have water or mold damage in your condominium, townhouse or cooperative in Hollywood, Hallandale Beach, Sunny Isles, Downtown Miami, Aventura, Davie, Dania Beach, Cooper City, Pembroke Pines, Tamarac, Coral Springs, Boca Raton, Delray Beach, or anywhere in Florida be sure to contact us for a free case evaluation.
* FREE CASE EVALUATION IS BY TELEPHONE AND DOES NOT INCLUDE LEGAL ADVICE. OFFICE CONSULTS WITH LEGAL ADVICE ARE AVAILABLE ON A FLAT FEE BASIS.