Is my condo association responsible for soil erosion which caused my lanai to break up?

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My villa has steeply sloped common area on the back where my raised cement lanai is located. The lanai is not part of the common area but it sits on ground that was common area. The lanai has cracked all the way across and is slanting and is pulling the screen enclosure away. Is the Association responsible for regrading the land under the lanai back to level?”

Asked May 15, 2019

1 Answer


Whether or not your condo association is responsible for soil erosion that caused your lanai to break up depends on several factors, including the cause of the soil erosion and the terms of your condo association's governing documents. In general, condo associations are responsible for maintaining the common areas of the property, which may include the grounds, landscaping, and exterior structures. If soil erosion was caused by a failure to maintain the property, such as inadequate drainage or neglecting to address erosion, then the association may be responsible for any resulting damage to your lanai. However, if the soil erosion was caused by natural forces such as heavy rainfall, flooding, or other weather-related events, the association may not be held responsible for the damage to your lanai. It's important to review your condo association's governing documents, which typically include the association's bylaws, rules, and regulations, to determine who is responsible for maintenance and repairs of the common areas, and what types of damage are covered. The governing documents may also outline the procedures for filing a claim with the association or insurance company for any damage. If you believe that your condo association is responsible for the soil erosion that caused the damage to your lanai, you should contact the association and file a claim with their insurance company. The insurance company will investigate the claim and determine if the association is responsible for the damage and the amount of coverage available.

Answered May 15, 2019 by fl_pc

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