Q. We have several abandoned units in our building due to foreclosures. When does the association have a responsibility to enter a vacant unit and remediate water damage and the spread of mold?
A. The directors for the association have a fiduciary relationship to the members, and it is our belief that the association has a duty to immediately send written notice to the unit owner if the Board becomes aware of the presence of mold. The notice would include language demanding that the unit owner undertake efforts to remedy the mold immediately, that their failure to do so may result in the Association undertaking the repairs and charging expenses to the owner, and that any damage to the common elements or other units caused by the owner’s negligence or inaction will be their responsibility. In the event the unit owner fails to abide by the demand letter, it is our opinion the Association should engage in mold remediation efforts to protect the common elements and other units. The Florida Condominium Act, and most Declarations of Condominium, grant the Association the authority to enter the unit and undertake the repairs that are necessary to prevent the further spread of mold.