Condo/townhome HOA liability
Hello All:
Looking for some general information on HOA liability for a unit owner’s interior drywall resulting from hurricane damage. I understand that the HOA often is responsible but my client is having difficulties with the hoa’s insurer and the client’s insurer is denying the drywall coverage.
I would appreciate any information you could share. Thank you in advance.
Best regards,
Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092
Orlando, FL 32802-3092
407-448-5391
www.dangreenelaw.com
dan@dangreenelaw.com
dangreenelaw@gmail.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.
“Answers may vary” – you’re going to have to look at the condo or townhome organizing documents. If it’s a condominium, it’s PROBABLY the COA, but that’s not a given. If it’s a townhome, I can’t hazard a guess. It may also depend on whether its an interior or exterior wall.
Bruce Partington | Shareholder
bpartington@clarkpartington.com | (850) 432-1399callto:(850)%20432-1399
CLARK PARTINGTON
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From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Friday, February 19, 2021 3:03 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Condo/townhome HOA liability
Hello All:
Looking for some general information on HOA liability for a unit owner’s interior drywall resulting from hurricane damage. I understand that the HOA often is responsible but my client is having difficulties with the hoa’s insurer and the client’s insurer is denying the drywall coverage.
I would appreciate any information you could share. Thank you in advance.
Best regards,
Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092x-apple-data-detectors://4/0
Orlando, FL 32802-3092x-apple-data-detectors://4/0
407-448-5391tel:407-448-5391
https://link.edgepilot.com/s/dacb5ab1/LyQdFw7ls0aPLMAw6U_2dA?u=http://www.dangreenelaw.com/
dan@dangreenelaw.commailto:dangreenelaw@yahoo.com
dangreenelaw@gmail.commailto:dangreenelaw@gmail.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.
I suggest that you first review the HOA documents to determine who has
responsibility for the drywall. While some HOA’s are responsible for
drywall, some others are not. The HOA docs should detail the same.
Christopher S. Furlong, Esquire
Bacon, Bacon & Furlong, P.A.
2959 1st Avenue North
Saint Petersburg, FL 33713
Telephone: 727-327-3935
Confidentiality Notice: The information contained in this email message is
intended for use of the recipient listed above. This message may contain
information that is protected by attorney/client or other legal privilege.
Any unauthorized use is strictly prohibited.
From: clc-discussion-bounces@lists.flabarrpptl.org <
clc-discussion-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL
CLC-Discussion
Sent: Friday, February 19, 2021 4:03 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Condo/townhome HOA liability
Hello All:
Looking for some general information on HOA liability for a unit owner’s
interior drywall resulting from hurricane damage. I understand that the
HOA often is responsible but my client is having difficulties with the
hoa’s insurer and the client’s insurer is denying the drywall coverage.
I would appreciate any information you could share. Thank you in advance.
Best regards,
Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092 x-apple-data-detectors://4/0
Orlando, FL 32802-3092 x-apple-data-detectors://4/0
407-448-5391
dan@dangreenelaw.com dangreenelaw@yahoo.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec.
10.35), we inform you that any tax advice contained in this correspondence
was not intended or written by us to be used, and cannot be used by you or
anyone else, for the purpose of avoiding penalties imposed by the Internal
Revenue Code.
NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the
recipient(s)only. If you received this e-mail in error, please notify the
sender immediately, delete the e-mail and do not copy or disclose it. If
you are not an existing client, do not construe anything in this e-mail to
make you a client unless it contains a specific statement to that effect
and do not disclose anything to Daniel M. Greene, P.A. that you expect to
be confidential. If you properly received this e-mail as a client,
co-counsel or retained expert, you should maintain its contents in
confidence to preserve the attorney-client or work product privilege.
bacon and bacon is always my order at Cracker Barrel when having the 2 breakfast meat special (with gravy). Rob Doan loves the Uncle Herschel's Favorite.
Sent from my iPhone
On Feb 22, 2021, at 9:07 AM, RPPTL CLC-Discussion clc-discussion@lists.flabarrpptl.org wrote:
I suggest that you first review the HOA documents to determine who has responsibility for the drywall. While some HOA’s are responsible for drywall, some others are not. The HOA docs should detail the same.
Christopher S. Furlong, Esquire
Bacon, Bacon & Furlong, P.A.
2959 1st Avenue North
Saint Petersburg, FL 33713
Telephone: 727-327-3935
chris@baconandbacon.commailto:chris@baconandbacon.com
Confidentiality Notice: The information contained in this email message is intended for use of the recipient listed above. This message may contain information that is protected by attorney/client or other legal privilege. Any unauthorized use is strictly prohibited.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Friday, February 19, 2021 4:03 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Condo/townhome HOA liability
Hello All:
Looking for some general information on HOA liability for a unit owner’s interior drywall resulting from hurricane damage. I understand that the HOA often is responsible but my client is having difficulties with the hoa’s insurer and the client’s insurer is denying the drywall coverage.
I would appreciate any information you could share. Thank you in advance.
Best regards,
Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092x-apple-data-detectors://4/0
Orlando, FL 32802-3092x-apple-data-detectors://4/0
407-448-5391tel:407-448-5391
www.dangreenelaw.comhttp://www.dangreenelaw.com/
dan@dangreenelaw.commailto:dangreenelaw@yahoo.com
dangreenelaw@gmail.commailto:dangreenelaw@gmail.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.
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http://mailman.fsr.com/mailman/listinfo/clc-discussion
Arnie, is that you?
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Monday, February 22, 2021 9:27 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Condo/townhome HOA liability
bacon and bacon is always my order at Cracker Barrel when having the 2 breakfast meat special (with gravy). Rob Doan loves the Uncle Herschel's Favorite.
Sent from my iPhone
On Feb 22, 2021, at 9:07 AM, RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org> wrote:
I suggest that you first review the HOA documents to determine who has responsibility for the drywall. While some HOA’s are responsible for drywall, some others are not. The HOA docs should detail the same.
Christopher S. Furlong, Esquire
Bacon, Bacon & Furlong, P.A.
2959 1st Avenue North
Saint Petersburg, FL 33713
Telephone: 727-327-3935
chris@baconandbacon.commailto:chris@baconandbacon.com
Confidentiality Notice: The information contained in this email message is intended for use of the recipient listed above. This message may contain information that is protected by attorney/client or other legal privilege. Any unauthorized use is strictly prohibited.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Friday, February 19, 2021 4:03 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Condo/townhome HOA liability
Hello All:
Looking for some general information on HOA liability for a unit owner’s interior drywall resulting from hurricane damage. I understand that the HOA often is responsible but my client is having difficulties with the hoa’s insurer and the client’s insurer is denying the drywall coverage.
I would appreciate any information you could share. Thank you in advance.
Best regards,
Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092x-apple-data-detectors://4/0
Orlando, FL 32802-3092x-apple-data-detectors://4/0
407-448-5391tel:407-448-5391
www.dangreenelaw.comhttp://www.dangreenelaw.com/
dan@dangreenelaw.commailto:dangreenelaw@yahoo.com
dangreenelaw@gmail.commailto:dangreenelaw@gmail.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.
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This is A-anon. The 558 Boys, the Lien Keepers and I are planning a raid on the complimentary continental breakfast at this year's CLI. Be there. It will be wild!!
Sent from my iPhone
On Feb 22, 2021, at 9:39 AM, RPPTL CLC-Discussion clc-discussion@lists.flabarrpptl.org wrote:
Arnie, is that you?
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Monday, February 22, 2021 9:27 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Condo/townhome HOA liability
bacon and bacon is always my order at Cracker Barrel when having the 2 breakfast meat special (with gravy). Rob Doan loves the Uncle Herschel's Favorite.
Sent from my iPhone
On Feb 22, 2021, at 9:07 AM, RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org> wrote:
I suggest that you first review the HOA documents to determine who has responsibility for the drywall. While some HOA’s are responsible for drywall, some others are not. The HOA docs should detail the same.
Christopher S. Furlong, Esquire
Bacon, Bacon & Furlong, P.A.
2959 1st Avenue North
Saint Petersburg, FL 33713
Telephone: 727-327-3935
chris@baconandbacon.commailto:chris@baconandbacon.com
Confidentiality Notice: The information contained in this email message is intended for use of the recipient listed above. This message may contain information that is protected by attorney/client or other legal privilege. Any unauthorized use is strictly prohibited.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Friday, February 19, 2021 4:03 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Condo/townhome HOA liability
Hello All:
Looking for some general information on HOA liability for a unit owner’s interior drywall resulting from hurricane damage. I understand that the HOA often is responsible but my client is having difficulties with the hoa’s insurer and the client’s insurer is denying the drywall coverage.
I would appreciate any information you could share. Thank you in advance.
Best regards,
Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092x-apple-data-detectors://4/0
Orlando, FL 32802-3092x-apple-data-detectors://4/0
407-448-5391tel:407-448-5391
www.dangreenelaw.comhttp://www.dangreenelaw.com/
dan@dangreenelaw.commailto:dangreenelaw@yahoo.com
dangreenelaw@gmail.commailto:dangreenelaw@gmail.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.
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CLC-Discussion@lists.flabarrpptl.orgmailto:CLC-Discussion@lists.flabarrpptl.org
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http://mailman.fsr.com/mailman/listinfo/clc-discussion
In a causality scenario (Condo Law), you will look to the statue for guidance (718.111(11) and typically the Condo will be liable if the claim is made timely. That does not seem to be the case in your circumstance, since there has not been a hurricane for sometime. In an HOA you will follow the Declaration.
Erum Siddiqui Kistemaker,
Managing Partner
KISTEMAKER BUSINESS LAW GROUP
120 East Granada Blvd.x-apple-data-detectors://10/0
Ormond Beach, FL 32176x-apple-data-detectors://10/0
Tel: (386) 310-7997tel:(386)%20310-7997
Fax: (386) 243-2648tel:(386)%20243-2648
Website:
http://www.daytonabusinesslawyers.comhttp://www.daytonabusineslawyers.com/
Please note that our office is largely working remotely. We therefore request that you communicate with members of our Firm via email to ensure the quickest response. Thank you for your understanding.
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On Feb 22, 2021, at 11:51 AM, RPPTL CLC-Discussion clc-discussion@lists.flabarrpptl.org wrote:
This is A-anon. The 558 Boys, the Lien Keepers and I are planning a raid on the complimentary continental breakfast at this year's CLI. Be there. It will be wild!!
Sent from my iPhone
On Feb 22, 2021, at 9:39 AM, RPPTL CLC-Discussion clc-discussion@lists.flabarrpptl.org wrote:
Arnie, is that you?
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Monday, February 22, 2021 9:27 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Condo/townhome HOA liability
bacon and bacon is always my order at Cracker Barrel when having the 2 breakfast meat special (with gravy). Rob Doan loves the Uncle Herschel's Favorite.
Sent from my iPhone
On Feb 22, 2021, at 9:07 AM, RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org> wrote:
I suggest that you first review the HOA documents to determine who has responsibility for the drywall. While some HOA’s are responsible for drywall, some others are not. The HOA docs should detail the same.
Christopher S. Furlong, Esquire
Bacon, Bacon & Furlong, P.A.
2959 1st Avenue North
Saint Petersburg, FL 33713
Telephone: 727-327-3935
chris@baconandbacon.commailto:chris@baconandbacon.com
Confidentiality Notice: The information contained in this email message is intended for use of the recipient listed above. This message may contain information that is protected by attorney/client or other legal privilege. Any unauthorized use is strictly prohibited.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Friday, February 19, 2021 4:03 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Condo/townhome HOA liability
Hello All:
Looking for some general information on HOA liability for a unit owner’s interior drywall resulting from hurricane damage. I understand that the HOA often is responsible but my client is having difficulties with the hoa’s insurer and the client’s insurer is denying the drywall coverage.
I would appreciate any information you could share. Thank you in advance.
Best regards,
Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092x-apple-data-detectors://4/0
Orlando, FL 32802-3092x-apple-data-detectors://4/0
407-448-5391tel:407-448-5391
www.dangreenelaw.comhttp://www.dangreenelaw.com/
dan@dangreenelaw.commailto:dangreenelaw@yahoo.com
dangreenelaw@gmail.commailto:dangreenelaw@gmail.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.
CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.orgmailto:CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion
CLC-Discussion mailing list
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http://mailman.fsr.com/mailman/listinfo/clc-discussion
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