If a condo building or apartment is declared uninhabitable

C

CindiW

Member
If the county declares a building or condo uninhabitable because of deterioration and the residents are told to vacate, will they still have to pay maintenance if they cannot live there by law until it's fixed?
 
CindiW said:
If the county declares a building or condo uninhabitable because of deterioration and the residents are told to vacate, will they still have to pay maintenance if they cannot live there by law until it's fixed?
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What state.

Honestly Cindy...You have posted here enough to know the state is needed information.
 
If it's a rental, you shouldn't have to pay the rent (and you can legally break the lease).

As AJ points out you should read your condo documents to see if they specifically provide stuff.

The Florida Statutes in general don't give you an out for not paying the maintenance fees on condos just because they are uninhabitable. If some of your fee is specific to a service you're not longer getting (like trash service or TV/Phone/internet), then those may be escapable.
 
adjusterjack said:
Good question, CindiW, are you the condo owner or the condo's tenant?
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I'm the owner. I'll check with the office asap just so I know. Some condos around here have been determined to be unsafe and residents must get out. News has it they have nowhere to go. This is reminding me to speak to insurance agent. So I was wondering if we have to get out do we still have to pay maintenance. Next is insurance to see if anything like that is covered. (Yikes...)
 
Your use of the word "if" implies that your condo building has not yet been determined to be unsafe. Until it is, I suggest you carefully study your CC&Rs and bylaws to determine your continuing obligations (if any) should you be ordered out of your home by civil authorities.

As for insurance, I can tell you now that your Condominium Unit Owners Policy (HO-6 or its equivalent) does not cover loss due to

"wear, tear, marring, scratching, deterioration, inherent vice, latent defect or mechanical breakdown"

Or

"settling, cracking, shrinking, bulging, or expansion of pavements, patios, foundation, walls, floors, roofs or ceilings"

Or loss due to

"Ordinance or Law, meaning enforcement of any ordinance or law regulating the construction, repair or demolition of a building or other structure"

There are other exclusions which you can find by reading your policy but those are the ones that come to mind with regards to ongoing deterioration of the building.

Ergo, no coverage for temporary living expenses if you are ordered to leave. Best to have a contingency plan and money set aside.
 
adjusterjack said:
Your use of the word "if" implies that your condo building has not yet been determined to be unsafe. Until it is, I suggest you carefully study your CC&Rs and bylaws to determine your continuing obligations (if any) should you be ordered out of your home by civil authorities.

As for insurance, I can tell you now that your Condominium Unit Owners Policy (HO-6 or its equivalent) does not cover loss due to

"wear, tear, marring, scratching, deterioration, inherent vice, latent defect or mechanical breakdown"

Or

"settling, cracking, shrinking, bulging, or expansion of pavements, patios, foundation, walls, floors, roofs or ceilings"

Or loss due to

"Ordinance or Law, meaning enforcement of any ordinance or law regulating the construction, repair or demolition of a building or other structure"

There are other exclusions which you can find by reading your policy but those are the ones that come to mind with regards to ongoing deterioration of the building.

Ergo, no coverage for temporary living expenses if you are ordered to leave. Best to have a contingency plan and money set aside.
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OK, tomorrow (Monday) I hope to remember to call insurance agent. I do have some money in the bank, but still was wondering when I read news article about some local residents ordered to leave their apartments. Maybe they were renters, I don't know, but the question arose in my mind would I still have pay maintenance fees. Not sure about those with leases. I don't like this. My condo building is old (almost 50 years) and inspection is coming up soon and we're being warned anyway that maintenance prices will go up. Plus since the collapse of the buildding in Miami seems we are commanded to add fibrillators to each building which I consider ridiculous but can't fight too well against city hall. Who knows how to use a fibrillator? It is ridiculous, we're generally over 55 in this complex, and I wonder if the legislature is going to teach us how to use a fibrillator although we're supposed to pay for them...ridiculous.
 

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