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Water Leak

Discuss anything to do with property law - buying, selling property

Water Leak

Postby Kaedee » Wed Dec 07, 2016 1:34 pm

Hi Jay, I own a condo in Fort Myers, FL that had a water leak which caused damage to the unit below mine. The insurance company of that unit is coming after me now. I did not have insurance at the time of the water leak. I know that you stated that under 718.11, if there is no negligence(and there was not in this case because it was a accident that I could not have known about), there is no liability on my part to compensate the other guy's insurance company. I was wondering if there was any case law on that also or if you could point me in the right direction to find it? The letter that the insurance company sent me said that they have a legal right to pursue a claim against me...I just want to make sure that my frame of thought that they don't have the chance to win against me is right? Thanks for any insight!
Kaedee
 
Posts: 37
Joined: Sun Feb 09, 2014 5:30 am

Water Leak

Postby Hai » Wed Dec 07, 2016 3:19 pm

Hi Jay, I own a condo in Fort Myers, FL that had a water leak which caused damage to the unit below mine. The insurance company of that unit is coming after me now. I did not have insurance at the time of the water leak. I know that you stated that under 718.11, if there is no negligence(and there was not in this case because it was a accident that I could not have known about), there is no liability on my part to compensate the other guy's insurance company. I was wondering if there was any case law on that also or if you could point me in the right direction to find it? The letter that the insurance company sent me said that they have a legal right to pursue a claim against me...I just want to make sure that my frame of thought that they don't have the chance to win against me is right? Thanks for any insight!
Hai
 
Posts: 45
Joined: Fri Jan 10, 2014 7:06 am

Water Leak

Postby Silvestre » Wed Dec 07, 2016 10:55 pm

Hi Farah,

I'm very surprised that the other unit owner's company is coming back against you if this is a sudden and accidental leak.  Nothing precludes them from doing so, but without clear negligence I just find it surprising.  

Florida Statute only calls for you to be responsible under certain circumstances as follows:

1.  A unit owner is responsible for the costs of repair or replacement of any portion of the condominium property not paid by insurance proceeds, if such damage is caused by intentional conduct, negligence, or failure to comply with the terms of the declaration or the rules of the association by a unit owner, the members of his or her family, unit occupants, tenants, guests, or invitees, without compromise of the subrogation rights of any insurer as set forth in paragraph(g). 2.  The provisions of subparagraph 1. regarding the financial responsibility of a unit owner for the costs of repairing or replacing other portions of the condominium property also apply to the costs of repair or replacement of personal property of other unit owners or the association, as well as other property, whether real or personal, which the unit owners are required to insure under paragraph(g).

Paragraph 1 is pretty clear.  Based on the information you have given me I can see no way that you would fall under that portion of the Statute.

All that being said, if they have engaged an attorney you should do likewise.  If not, you could copy that part of the Statute and use that as your response.

I hope that helps.  Please let me know if you have more questions.
Silvestre
 
Posts: 34
Joined: Sat Mar 15, 2014 6:06 am


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