Legal Question in Civil Litigation in Florida

Condominium Owner's Rights
As a unit owner in a condominium what rights do I have when a coil off of an entrance garage gate scrapes the roof of my car and causes $ 1,300.00 worth of damages ? The condominium's insurance company refuses to pay the claim saying that the building is not liable and the board of directors of the association will not take it out of their budget. Why should I have to pay for the repair, when it was not my fault!!! This issue has been ongoing since November. Ihad a buyer for my car and I have not been able to sell it becaus eof these damages. Therefore, I am being penalized for something which was not my fault.

Asked on 1/31/00, 9:28 pm

Randall Reder Randall O. Reder, P.A.

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0 attorneys agreed

Re: Condominium Owner's Rights

My gut reaction is that the guard gate is part of the

common elements and therefore the responsibility

of the condominium association. An attorney would

have to review the Declaration of Covenants and Restrictions,

Florida's Statutes, the condominium's rules and

regulations and all the facts and circumstances in

order to give you an informed opinion. Since the

amount of damages mentioned in your post is less

than $5,000, your remedy would be filing a small

claims action in county court.

Answered on 2/01/00, 8:09 pm

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