Whenever there is excessive moisture, mold develops. In most cases, this happens when a home or building experiences a water leak, such as a pipe leak, a flood, a roof leak, or any other way that water can enter. Mold can cause property damage.
Mold removal, also called mold remediation, can be costly and time-consuming, but it is absolutely necessary for the health and safety of those who use the building. Health problems such as nausea, rashes, and asthma can be caused by mold exposure.
Workplaces, schools, and homes are often affected by mold. Mold can grow in a building in the following places:
- In an air conditioning unit;
- In a basement that has flooded;
- Beneath a refrigerator;
- Beneath a bathroom or kitchen sink;
- Around windows that leak;
- On a shower curtain;
- In a humidifier;
- Under a damp carpet;
- In an area with plumbing issues; or
- On a ceiling or roof, especially if a leak is present.
Mold problems can also occur in areas that have experienced water damage. Mold remediation will often be covered under a homeowners insurance policy under water damage.
Toxic mold is actually a misnomer. Some types of mold can produce toxins, but the mold itself is not toxic. Two types of mold may cause adverse reactions in individuals: stachybotrys chartarum and toxigenic aspergillus. Attorneys and mold remediation companies often refer to these types of mold as toxic mold. These molds can cause life-threatening reactions.
Most people refer to Stachybotrys chartarum as “black mold.” It appears dark green or black. Mold produces spores as it feeds on organic materials in a building or home, such as drywall or carpet.
Adverse reactions can cause the following symptoms:
- Chronic coughing and sneezing;
- Eye irritation;
- Irritation to the mucous membranes of the nose and throat;
- Chronic fatigue; or
- Persistent headaches.
I’ve Recently Purchased a Condominium Unit in Ft. Lauderdale. Should I Be Concerned About Mold Damage?
Condominium properties in Fort Lauderdale are frequently damaged by mold. Mold grows due to the unique combination of humidity and heat conditions in the area. If you are just moving to the area, you should know how mold affects your condo unit.
Mold is commonly found in the following areas of condo units:
- Ceilings
- Walls
- Carpets
- Drywall
- Fixtures and furniture
- Air conditioning systems and vents
Your air conditioning system will likely be the area of greatest concern in your unit. Mold can grow either inside the unit or enter from outside, spreading throughout the unit through the fan and vents.
Consequently, before spending any money to repair mold damage, make sure your air conditioning unit is thoroughly inspected and cleaned to prevent mold from spreading.
What Type of Insurance is the Condo Association Obligated to Provide for Members in Miami / Ft. Lauderdale?
Florida has unique insurance requirements requiring the association and the unit owners to carry insurance. Under Section 718.111(11) of the Florida Statutes, condominium associations must provide master insurance coverage for multiple-family dwellings.
Unit-owner-controlled associations must use their “best efforts” to provide the following coverage:
- All portions, as originally constructed, of the condo property. This includes replacements of such portions;
- Any alterations or subsequent additions to common areas or property of the association.
- Adequate hazard insurance based on replacement costs, to be determined once every 36 months
- The statute does not cover the following: personal property within individual units, electrical/water fixtures, appliances, and floor/wall/ceiling/window coverings.
Accordingly, Section 718.111 (11) makes insurance mandatory for condo associations, and this requirement cannot be circumvented.
Are Individual Condo Units in Miami or Ft. Lauderdale Required to Obtain Insurance in Addition to the Association’s Master Policy Insurance?
Yes. Even if the condominium association has a master insurance plan, you, as a unit owner, must carry your own personal insurance, as these may not be covered specifically by the association insurance.
Your Unit Owner insurance plans need to conform to the following Florida state requirements:
- The unit owner’s insurance must cover their unit as well as any modifications/improvements made to the unit
- Coverage must be at least $2,000 for the purpose of loss assessment
- The condominium association must be named in the policy as an additionally insured party/loss payee in the portion of the policy dealing with casualties
- The coverage must exceed any basic coverage provided by the association
Am I Responsible for the Costs of Repairing Mold Damage, or Will the Condo Association Cover It?
Generally speaking, every condo association in Ft. Lauderdale must carry a master plan for insurance covering the common elements of the condominium complex. Elevators and parking lots are common elements, not individual units. Consequently, mold damage within an individual unit will not usually be covered by the master plan.
The growth of mold is a slow process, which is why insurance companies do not consider it a “casualty.”
It is possible, however, for the association to be responsible for mold damage costs. When it comes to Fort Lauderdale condos, the most common dispute is after a water leak (such as a bursting heater) has penetrated an individual unit and caused mold growth.
The following steps should be taken if water intrusion from a common area causes mold damage in a unit:
- Notify the association or a board member immediately of the problem, specifically informing them that the source of the water intrusion is from a common element which they are responsible for maintaining
- Document in writing any damages to your property, using photographs and video
- Request the association to take steps to repair the water leak in the common element
- If the association has exhibited a major delay in repairs of the common element, only then can a unit owner file for statutory relief in the form of damages or an injunction. Depending on the extent of the delay and damage, a court might limit relief according to Florida condo insurance laws.
The same may be true for landlords who have rented out their units and lost rental income due to mold damage or for air conditioning units found to be defective or containing mold when installed.
As a Unit Owner, What Are My Options if I Fail to Obtain Insurance?
If you fail to comply with the individual owner insurance requirements, the association has the option of purchasing insurance for the unit. If this occurs, the association may charge the unit owner for the cost of the individual insurance policy. As a last resort, the association may foreclose the unit if the owner still refuses to comply with the insurance charges.
How Can Mold Damage Be Prevented?
For unit owners in Ft. Lauderdale, general inspections and cleaning procedures are usually sufficient to prevent mold growth. The conditions necessary for mold to grow can be eliminated by keeping all areas dry. Refrigerators, washing machines, and other moisture-containing appliances should be regularly cleaned and emptied.
Florida state law requires condo associations to ensure that their premises will not cause damage to individual units. In order to minimize mold-related damages, some associations have adopted their own standards and procedures. You might consider proposing an informational weekend seminar or publishing mold guideline pamphlets to educate residents.
Should I Hire a Lawyer to Assist Me in My Claim for Damages from Mold?
Since mold growth may be common to Ft. Lauderdale condo units, severe damage may warrant the attention of a real estate lawyer in Fort Lauderdale, FL.
Also, suppose the mold damage results from the condo association’s inattention or negligent construction. In that case, you might have a claim for statutory relief in the form of monetary reimbursement or an injunction mandating the association to take action.
The laws governing Ft. Lauderdale condominiums can be somewhat complex, but many lawyers specialize in condominium disputes in the area.
