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Subject: Who is responsible for air Duct mold and mildew?
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Author Messages
LynneT
(Florida)

Posts:2


10/01/2019 7:58 AM  
Is there Florida law regarding who has the responsibility for damages caused by an AC water leak in particular the air ducts?
DouglasK1
(Florida)

Posts:1453


10/01/2019 11:38 AM  
I am not aware of any Florida law that governs this. A lot would depend on the situation. If these are single family homes, I don't see how the association would play any role at all. If condos, it depends on where the air ducts run and who has responsibility for that space. That should be defined in your condo docs.

Escaped former treasurer and director of a self managed association.
CathyA3
(Ohio)

Posts:459


10/01/2019 1:04 PM  
I'm assuming the OP is asking about condos, since I can't imagine anyone in a single family home expecting the association to take care of such things.

Read your governing documents. They should lay out what items are considered part of the unit, and what items are considered common elements. There may also be a section defining unit owner's responsibilities. Typically owners are expected to repair and maintain things that are part of their units, while the association maintains the common elements.

In all of the condos I've seen, the ventilation system (duct work) is self-contained in each unit, and HVAC components are part of the unit as well.

The only way the association would be responsible is if the duct work and A/C system served multiple units, which would be a pretty odd setup.

PestY


Posts:0


10/01/2019 1:09 PM  
VERY common in an efficiently constructed hi-rise.
CathyA3
(Ohio)

Posts:459


10/01/2019 1:54 PM  
Posted By PestY on 10/01/2019 1:09 PM
VERY common in an efficiently constructed hi-rise.




Do they even share the duct work? That would be a nightmare for allergy sufferers or others who need to control air quality inside their homes. The compressors I can see.

MelissaP1
(Alabama)

Posts:8601


10/01/2019 3:22 PM  
Why would this even be a state law? If anything, it's covered in your documents like CC&R's/by-laws who is responsible for what. Like inside to outside walls.

Always liked someone's example about insurance coverages. Imagine your living in a box and it's dumped upside down. What falls out is most likely your responsibility. What stays intact could be the HOA's. Plumbing/duct/electrical don't usually fall out.

Former HOA President
CathyA3
(Ohio)

Posts:459


10/01/2019 3:35 PM  
Posted By MelissaP1 on 10/01/2019 3:22 PM

...
Always liked someone's example about insurance coverages. Imagine your living in a box and it's dumped upside down. What falls out is most likely your responsibility. What stays intact could be the HOA's. Plumbing/duct/electrical don't usually fall out.




That was from our insurance agent. He attended a board meeting and talked about the in's and out's of condo insurance.

This rule of thumb comes into play only if your community has "all included" insurance and if there is an insurable event (which must be sudden and unpredictable, such as a burst pipe or damage from a storm). Mold is usually considered a maintenance item, not an insurable event from the association's point of view, since it's the result of a continuous source of moisture over a long period of time. In that case, the homeowner is responsible for everything that's part of the unit - the association's insurance doesn't come into play, although the owner's personal insurance may cover such repairs.

Yes, it's confusing.


PestY


Posts:0


10/06/2019 6:17 PM  
Posted By CathyA3 on 10/01/2019 1:54 PM
Posted By PestY on 10/01/2019 1:09 PM
VERY common in an efficiently constructed hi-rise.




Do they even share the duct work? That would be a nightmare for allergy sufferers or others who need to control air quality inside their homes. The compressors I can see.






Yes, they often do.

As in central 'chillers' and common duct work and mechanical equipment rooms (or even floors).


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