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About Jay K. Williams, AAI, AIP, CIC, CRM
Expertise
I can answer questions relating to the following coverages: personal auto; homeowners; commercial auto; commercial liability; commercial property; business income and all other property and casualty coverages.

Experience
I have been in the insurance industry in Florida since 1979. I am currently the president of a Florida domestic insurance company subsidiary. I've taught continuing education classes in Florida and across the country. I am quite familiar with all coverages including Florida Condominium master policies and unit owner policies. I also specialize in agent professional liability. I have been a professional educator since 2001.

Organizations
I am a member of the Florida Associaion of Insurance Agents, the state affiliate of the Independent Insurance Agents and Brokers of America.

Education/Credentials
I currently carry the following professional designations: Accredited Advisor in Insurance (AAI) Associate in Insurance Production (AIP) Certified Insurance Counselor (CIC) Certified Risk Manager (CRM)

You are here: Experts > Money > Personal Insurance > Property & Casualty Insurance > Association Liability

Property & Casualty Insurance - Association Liability

Expert: Jay K. Williams, AAI, AIP, CIC, CRM - 11/5/2009

Question
Dear Jay,

We own and live in a condo in FL. We recently had a problem with water leaking from our shower into the walls, and further, into an adjacent bedroom. We hired a plumber to find the origin of the leak. With no visible problem in the shower, we were persuaded to remove the drywall behind the shower fixtures in the adjacent bedroom.

Long story short, the water was leaking through a small crack in the shower grout. It was undetected by the plumber and us. We hired someone to help us replace the grout, but as they did, the tiles peeled off the walls effortlessly. There is black mold visible behind the tiles we have removed and a clear odor of mold near the bathroom.

The person we hired checked with a FL licensed contractor and then told us there should have been "backer board" behind the shower tiles, which there was not. What we found behind the tiles appears to be regular dry wall or green board.

We would like to know if the condo association's insurance policy would cover removal of damaged property, installation of backer board and subsequent replacement of tiles and grout. We have been chasing after the condo management company for an answer for nearly six weeks. They offered to replace just the damaged drywall in the perimeter facing wall of the shower, but nothing else. They give minimal responses and say they are waiting on the board of directors for direction.

As an additional issue that has come up in the last week, the association is removing stucco from building exteriors in our neighborhood. We happened to talk to a contractor working on the project and they said the guts of our buildings are rotten with mold because the exteriors weren't done correctly by the original construction company (now out of business). The association has not notified anyone of the suspected damage. The contractor's employee told us they are asking that the damage be sealed up with new stucco and remain unreported to owners.

What is the association's liability in this instance? Do they have any recourse against the original construction company? Don't they need to tell us what's going on? What happens if all these buildings are rotten with mold? Thanks, Jay.

Sincerely,
J.W.

Answer
Hi John,

Please accept my apology for not getting back to you yesterday.

I highly recommend that the unit owners attend the next condo board meeting and address this situation. Quick and decisive action should be taken. At the same time, I would recommend filing a complaint with the Department of Business %26 Professional Regulation's Division of Land Sales, Condominiums, and Mobile Homes. This is a very serious issue and could result in a possible lawsuit against the board of directors.

Unfortunately, since the contractor is no longer in business, there probably is no recourse. Without a doubt, it is the board's responsibility to notify the unit owners, the least of the reasons being because you are all OWNERS of the common areas.

In the long run, the mold can cause serious illness and possible death depending upon the type of mold. If allowed to go without remediation, it could result in the buildings having to be torn down. This would be an uninsured loss.

Let me know if you have more questions.

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