Water Damage And Mold From Unit Above

2 Replies

I bought a condo on the auction in FL where there is water damage and mold from a leak from the unit above. Who is responsible for fixing this the association or the homeowner above? Also, my unit has been vacant for 10 years so not sure when leak occurred. Any advise? Thx

Really need more facts as to when it occurred, occupied above?

Best bet is to get a plumber in and see where it was leaking, common or unit pipe. Fix it, or get estimates, send bill to HOA and negotiate for payment. Meanwhile, get your unit fixed and operational to minimize downtime.

You are generally responsible for the walls in in your unit, and the HOA is generally responsible for the common area(and the neighbors for their own walls in). The HOA would only be responsible if they were negligent. Your unit being damaged is not necessarily a sign they were negligent, like if the problem was a leak from the roof that was otherwise in good repair. Because the unit has been vacant for 10 years it will be difficult to prove negligence on another party even if they should be responsible.

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