Practice Areas
South Florida Condo Damage Lawyer
Condo Damage
Condo Damage? "Who Pays" Is the Hardest Question: We Answer It.
Condominium damage claims carry a complication that no single-family home claim does. There is the line between your unit and the association’s common elements, and there are two separate insurance policies that cover them. When water intrudes, a roof leaks, or a storm causes damage, insurers and associations often exploit that gray zone to avoid paying, each insisting the loss is the other’s problem. At Furmanski Law Group, Daniel Furmanski knows exactly where that line falls and makes the responsible party pay, with the direct, hands-on attention that defines the firm.
Unit owner versus association responsibility
The first question in almost every condo claim is who is responsible for the damaged property. Florida condominium law, found in Chapter 718, together with your association’s declaration, divides responsibility between the individual owner and the association. Generally the association is responsible for the common elements and the building as originally built, while the owner is responsible for what is inside the unit and for improvements they have made. The details vary from one community to another, and associations sometimes interpret these rules in whatever way costs them the least. We read the governing documents closely to establish where responsibility actually lies.
Your policy versus the master policy
Condominiums are typically covered by two layers of insurance. The association carries a master policy that covers the building and common areas, while individual owners carry their own policy, often called an HO-6, that covers the interior of the unit and personal property. Determining which policy must respond to a given loss is frequently disputed, and getting it wrong can leave you uncovered. We analyze both policies and press the correct insurer to pay what it owes.
Common condo damage claims
The claims we handle most often involve water. Water intrusion from a neighboring unit, a leak in a common pipe, a failed roof or balcony, or a post-storm breach can all cause significant damage, and they frequently raise the unit-versus-common-element question. We also handle fire, mold that follows unaddressed moisture, and storm damage. Whatever the cause, our goal is to identify the responsible party and the responsible policy and to recover the full cost of repairs and related losses.
When the association is the problem
Sometimes the damage to your unit is caused by the association’s own delay or neglect, for example when it fails to timely repair a leaking roof or a common pipe and your unit suffers as a result. In those situations, your condo damage claim overlaps with an association dispute, and we pursue the association directly for the harm its inaction caused. We are comfortable taking on a board and its attorney when that is what protecting your rights requires.
Why South Florida condo owners choose Furmanski Law Group
Condo claims reward a lawyer who is fluent in both the insurance policies and the condominium statute. Daniel Furmanski brings that fluency, gives you direct access to him throughout the case, and prepares each claim for trial so the insurer or association takes it seriously. He serves clients in English and Spanish and charges no fee unless he wins.
Frequently Asked Questions
Frequently Asked Questions About
Q: My unit flooded from the unit above me. Whose insurance pays?
It depends on the cause and on the governing documents. The upstairs owner, the association, or an insurer may be responsible, and we determine which.
Q: Is the association responsible for a roof leak?
Often the roof is a common element that the association must maintain, but the specifics control. We review the declaration and the policies to establish responsibility.
Q: What is an HO-6 policy?
It is the individual condo owner's insurance, which typically covers the unit's interior and personal property, as opposed to the association's master policy.
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If your condo was damaged and the association or insurer is pointing fingers, call Furmanski Law Group at +1 (305) 900-6657 for a free, bilingual consultation, and let us answer the hardest question of all: who pays.
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