Tannenbaum Scro, P.L.
Call For a consultation
941-444-9092 | 866-615-4543
Spanish Language Services Available

Unit Owner Sues Condominium Association for Water Intrusion - Association Prevails

Unit owner Jerome Feldman and his company sued the Villa Regina Association, Inc. for water damage in the unit from the common element. Generally, if damage to a unit is repairable, thus rendering the damage "temporary", the measure of damage is the cost of repair. Where the cost of repair would exceed the value of the unit or restoration is impractical, thus rendering the damage "permanent", the measure of damages is the diminished value of the unit.

Feldman presented his case solely as a permanent damage case, presenting as his sole measure of damages the diminished value of the unit of $1,453,000.00. Even though the $1,453,000.00 diminished value opinion given by the appraiser was based upon a contractor's estimate for repair, Feldman got "hoisted on his own petard" when the jury found the damage to be temporary, meaning repairable. The judge did enter judgment for Feldman for the $1,453,000., but the Third District Court of Appeal reversed finding that once the jury determined that the damage was temporary, Feldman's failure to have presented testimony proving the cost of repair or replacement was fatal to his case.

Feldman v. Villa Regina Association, Inc., 89 So.3d 970 (Fla. 3d DCA 2012).

No Comments

Leave a comment
Comment Information

Tannenbaum Scro, P.L.
1990 Main Street Suite 725
Sarasota, FL 34236

Toll Free: 866-615-4543
Phone: 941-444-9092
Fax: 941-316-0515
Sarasota Law Office Map

Tannenbaum Scro, P.L.
214 S. Lucerne Circle
Orlando, FL 32801

Phone: 407-738-4379
Orlando Law Office Map