who pays for mold behind condo balcony ledger board in orlando fl - hoa master policy vs unit owner ho-6 insurance?

Question

we own a 3rd-floor condominium in orlando (metrowest). during heavy summer downpours, water infiltrated behind the exterior balcony ledger board flashing, causing drywall mold inside our living room exterior wall.

the condo HOA board says the interior drywall is our responsibility under our personal HO-6 insurance, but our insurance adjuster claims the exterior ledger board is a 'common element' and that the HOA master insurance must pay for both exterior and interior repairs under Florida Statute 718.

who is legally responsible for paying the certified mold remediation and structural wall repair? how do we get this resolved quickly before spores spread?

Antonio · Accepted Answer

Direct Answer:  Under Florida Statute 718.111(11) and standard condominium CC&Rs, exterior balcony structural framing and ledger board flashings are classified as  Common Elements  maintained by the Condominium Association. If failure of a common element causes water infiltration into a private unit, the Association's Master Policy is legally responsible for structural drying, cavity bio-remediation, and drywall restoration up to bare unfinished drywall surfaces. 
 However, unit owners frequently face delays while HOA property managers and personal HO-6 adjusters debate subrogation. Under Florida law, you have an urgent duty to mitigate damages immediately. If mold spreads to personal property (such as custom paint, flooring, and furniture), those non-structural items fall under your personal HO-6 coverage. 
 The 3-step resolution protocol: 
 
    Certified Moisture & Thermal Mapping:  Commission an independent thermal imaging report documenting moisture entry directly behind the common element ledger board. 
    Formal Statutory Demand Letter:  Issue written notice to the HOA board citing Florida Statute 718.111(11) demanding immediate master insurance claim filing. 
    Emergency Negative Air Containment:  Remediate wall cavity under -5 Pa containment to stop bioaerosol migration into living spaces. 
 
 Call our Orlando emergency condo team at  (855) 215-6261  for immediate dispatch.

elena_v_hoa · Answer

As an HOA board president in Central Florida: Owners must check their specific Declaration of Condominium under Section 9 ('Maintenance Responsibilities'). If the balcony is defined as a 'Limited Common Element', the association still maintains the structural waterproofing membrane. Don't let management brush you off.

jennifer_realtor_fl · Answer

If you are planning to sell the condo anytime soon, make sure the HOA gives you an official written sign-off that the ledger flashing repair is completed. Condo buyers' lenders will demand this before approving condo questionnaire forms.

elena_v_hoa · Answer

OP follow-up: HOA property manager initially refused to send someone, but when I cited Florida Statute 718.111 and the CC&R common element provision Elena mentioned, they dispatched the building engineer this afternoon!

amanda_s_escrow · Answer

Great job! Unresolved HOA mold claims can halt condo unit closings for months if the master policy claim isn't opened promptly.

Antonio · Answer

Excellent progress. Ensure the HOA engineer provides a signed completion letter and independent PRV lab test for your records.

who pays for mold behind condo balcony ledger board in orlando fl - hoa master policy vs unit owner ho-6 insurance?

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