—Wet & Wild in West Palm
“Oftentimes, the documents will also contain language providing that in the event the unit owner fails to maintain the unit as required in the documents or otherwise violates or threatens to violate the provisions in the documents, the association shall have the right to proceed in a court of equity for an injunction to seek compliance with the provisions. Sometimes the documents allow the association to intervene and do the repairs and bill the unit. The question becomes whether the upstairs owner is causing a leak given the excessive running of water through the unit pipes and if this is the case, then the condominium documents would indicate whether it is the owner of the association which is responsible for the repair to the pipes and/or the unit flooring to avoid causing water penetration to the unit below.
“Finally, Florida Statutes, Section 718.113(3), provides, in pertinent part: A unit owner shall not do anything within his or her unit or on the common elements which would adversely affect the safety or soundness of the common elements or any portion of the association property or condominium property which is to be maintained by the association. If it is determined that the owner is taking action which is damaging the unit below or that he has negligently allowed water to seep from his tub or through pipes into the unit below, then, upon a showing of such negligence, the owner would be responsible for the repairs to the unit below. Absent such a showing of negligence, it would be difficult to establish liability for repairs to the downstairs unit to the upstairs owner.”