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What To Do If You Own An Apartment or Condo That Has Toxic Black Mold


As stated in a prior blog regarding toxic black mold in the State of Florida, Chapter 83 part two considers the general rights and protections that are provided under Florida law for a tenant dispute with the landlord regarding toxic black mold. That Chapter 83 provision requires something slightly different when dealing with condominium associations. Condominium associations typically are a grouping that collects monthly dues in order to provide for condominium owners. Some of the things that are included in the dues are services such as lawn maintenance and care, washing of the outside of the buildings, provisions for the replacement of roofing, and other types of services which require the association to remedy. In some cases, toxic black mold can be a part of the lease agreement, or the contractual agreement signed with the homeowner’s association or the condominium association. Condominium associations are incredibly common in the State of Florida, seeing as Florida has the oldest population[1] and has the highest retirement population of all 50 states[2]

Apartment Toxic Black Mold

Under Florida Statute § 83.51, the landlord of a local building or condominium association must comply with the requirements of applicable “building, housing, and health codes,”[3] and if there are no local building, housing, or health codes, then 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”[4].

Condominium Toxic Black Mold 

Under Florida law, Chapter 718 provides room raised to condominium owners that have toxic black mold in the walls and or the ceilings of the units they own[5]. Typically, condominium associations are required to maintain the common elements of the association, which usually includes the growth of mold on the walls or ceilings. If the condominium association chooses not to maintain those common elements of the area which are stated in the chapter, then there are remedies for the condominium homeowner[6]

Mold Assessment 

Similar to the apartment toxic black mold assessment, Chapter 468 of the Florida Statute requires that all persons conducting “mold assessment” maintain a license that allows them to assess the mold with the Florida Department of Business and Professional Regulation. If a person who is 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. If the type of mold inside of the home is toxic black mold, then the right stated above for both condominium owners and apartment complex leasing renters may be asserted to facilitate a remedial measure by the association[7].

Orlando Accident Attorney

Here at the Orlando Accident Attorney, we handle and 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 407-706-3909. 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://m.flsenate.gov/Statutes/83.51

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

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

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