Miami-Dade County Jury Rejects Water Intrusion Claims Against Condominium Defendants

CSK Defense Team
Miami Partner Dania Battle
Bonita Springs Managing Partner Ron Campbell

Case Summary
This case arose from a water intrusion dispute involving neighboring condominium units. CSK represented the Defendant owners of the condominium unit located above the Plaintiff’s residence. The Plaintiff alleged that CSK’s clients negligently allowed water to enter the unit below and delayed repairs, resulting in more than $300,000 in claimed damages.

The Plaintiff also brought claims against the condominium association, alleging that it failed to timely address the issue and contributed to the resulting property damage.

Defense Strategy
The CSK Defense Team maintained that the Defendant unit owners and condominium association responded appropriately after learning of the leak. A central issue at trial involved access to the Plaintiff’s unit, which was necessary to perform portions of the work.

The Team presented evidence concerning delays and restrictions in obtaining access, as well as disagreements over the appropriate method of repair. These circumstances were used to challenge the Plaintiff’s allegations that the Defendants were responsible for the extent of the claimed damage.

Outcome
The jury returned a complete defense verdict in favor of the Defendant condominium unit owners, finding that the Plaintiff failed to prove they violated the governing condominium documents or Florida law. The jury likewise rejected the Plaintiff’s claims against the condominium association and found in favor of the Association on its counterclaim concerning access to the Plaintiff’s unit.

The verdict highlights the importance of documenting remediation efforts and access issues when responding to property damage claims involving neighboring condominium units.