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Do You Have Toxic Black Mold in your Apartment or Condominium?

Introduction

In the State of Florida, Chapter 83, part two considers the general rights and protections provided under Florida law for a tenant dispute with the landlord regarding toxic black mold. Provisions of Chapter 83 require something different when dealing with condominium associations. Condominium associations often collect monthly dues to provide services such as lawn maintenance and care, washing of the outside of the buildings, replacing roofing, and other types of services that require the association to remedy for condominium owners. In some cases, toxic black mold can be part of the lease agreement or the contractual agreement signed with the homeowner’s or condominium association. Condominium associations are widespread in the State of Florida, seeing as Florida has the oldest population[1] and also has the highest retirement population of all 50 states[2].

Toxic Black Mold in an Apartment

Under Florida Statute § 83.51, the landlord of a building or condominium association in Florida must comply with the requirements of applicable “building, housing, and health codes.” Suppose there are no local building, housing, or health codes. In that case, the landlord is required to maintain the “roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition”[3].

Toxic Black Mold in a Condominium

Pursuant to Florida law, Chapter 718 provides room raised to condominium owners with toxic black mold in the walls and or the ceilings of the units they own[4]. Condominium associations are typically required to maintain the association’s common elements, which usually include mold growth on the walls or ceilings. If the condominium association chooses not to keep those common elements of the area which are stated in the chapter, then there are remedies for the condominium homeowner[5].

Mold Assessment 

Like apartment toxic black mold assessment, Chapter 468 of the Florida Statute requires that all persons conducting “mold assessment” maintain a license to assess the mold with the Florida Department of Business and Professional Regulation. If a person hired to perform a mold inspection does not have a license, then the mold assessment is not valid and should not be treated as such. The mold inspection will reveal what type of mold is inside the home. Suppose the type of mold inside of the home is toxic black mold. In that case, the right stated above for both condominium owners and apartment complex leasing renters may be asserted to facilitate a remedial measure by the association[6].

Orlando Accident Attorney

Here at The Michael Brady Lynch Firm, we litigate toxic black mold cases in the State of Florida. If you or a loved one have been injured by toxic black mold in your apartment complex or condominium association, please give us a call at 888-585-5970. Alternatively, you can email us at brandon@mblynchfirm.com.

 

Date: June 15, 2022

Author: Brandon Salter, Esq.

[1] https://www.worldatlas.com/articles/the-us-states-with-the-oldest-population.html

[2] https://www.consumeraffairs.com/homeowners/elderly-population-by-state.html

[3] https://m.flsenate.gov/Statutes/83.51

[4] https://www.flsenate.gov/Laws/Statutes/2020/Chapter718

[5] https://www.flsenate.gov/Laws/Statutes/2020/Chapter718/PART_III

[6] https://flsenate.gov/Laws/Statutes/2021/Chapter468

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