Florida Condo & HOA Legal Blog : Florida Condo Lawyer & Attorney : Becker & Poliakoff Law Firm : Condominium & HOA Law Blog

In these troubling economic times we see more and more owners abandoning units or failing to attend to the maintenance and repair needs of the unit. Owners are obligated to maintain the unit in a manner that does not cause or contribute to damages to other portions of the condominium property.  Mold damages often result from slow and ongoing water leaks and are therefore not necessarily characterized as casualty damages for insurance coverage to apply.  Even if there is a casualty, most policies severely limit or exclude mold-related costs. 

The Board of Directors should consider creating standards, rules or criteria to hopefully prevent, or at least minimize, any mold-related problems.  Please consider the following suggestions: 

1. Inspect all appliances within the Unit and all related hoses and connections for condensation and leaks at least monthly;
2. Inspect units to determine whether heating, ventilation, or air-conditioning ducts, vents, and intakes are covered or blocked;
3. Inspect major appliances, including, but not limited to, hot water heaters, refrigerators, dishwashers, heat pumps, air conditioners, ventilation systems, humidifiers and dehumidifiers and require these components to be serviced, cleaned and maintained by a licensed professional at least annually;
4. Recommendations to empty, clean and dry refrigerator, air conditioner, dehumidifier and all other drip pans and filters on a continuous and regular basis and to de-ice and defrost all freezers and ice making devices at least annually;
5. Monthly inspections to determine whether all balcony weep holes are clear/clean to ensure proper drainage;
6. Require the owners to have the air conditioning and humidistat operating at all times;
7. Require the Unit Owner to do the following when a Unit is expected to be or is actually vacant or unoccupied for a period of seven (7) consecutive days or more:

• Turn off the main water supply to the Unit, and the individual water supply to the refrigerator, dishwasher and hot water heater, as well as any other device in the Unit utilizing the water supply, except emergency or life-saving devices such as fire sprinklers;
• Turn off the electric power to the water heater, being careful not to turn off power to the air conditioning, humidistat, smoke detectors, carbon monoxide detectors, emergency lighting or other emergency or life-saving devices; and
• Arrange to have someone routinely and periodically inspect the Unit, in order to maintain a continuous and meaningful presence in the Unit, to determine whether any mold, moisture, water leaks, or damage has occurred and notify the Association immediately.

The most proactive communities will devote staff or hire outside vendors to conduct inspections.  Some communities have amended their governing documents to authorize the Board of Directors to enter into maintenance contracts (for appliances and other facilities in the units) as a common expense to avoid the situation explained in the recent article written by Fallan Patterson.  While everyone knows that money is tight, Ben Franklin was right when he said "an ounce of prevention is worth a pound of cure" when it comes to these types of issues.

• Email This
• Print
• Comments (5)
• Trackbacks
• Share Link