ORLANDO, Fla. - Attorneys for the condominium association that sent a demand letter to a 72-year-old resident who is missing part of her brain now say they will step in and make repairs related to a leak from the condo that sits above her.
However, that won’t mean she’s off the hook for payment. Attorneys explained they’re following Florida law by forcing the owners of each unit to pay for the damages.
Meanwhile, attorney Andrew Lannon of Bogin, Munns, and Munns, who is representing 72-year-old Judy Young pro bono, says our story may have helped her find a new place to live.
Part of Young’s brain was removed with a tumor, and with it, she lost her sense of smell and short-term memory. She says that’s how she’s been able to live in the deplorable conditions without noticing the overwhelming smell of mold growing in her condo. The damage in her home was all caused by a leak in her upstairs neighbor’s unit.
“How would they respond, knowing that the leak from upstairs is coming down on top of them,” Young said.
The leak even knocked out power to half of Young’s home.
Today, the neighbor who caused the damage was supposed to face the Orlando Code Enforcement Board, but because inspectors were unable to get inside to see the damage themselves, the case had to be closed.
Now, attorneys for the One Thousand Oaks Condominium Association say they plan to force their way in to fix the leak and the damage it caused.
“We’ve tried diligently for months to make this happen, and make the accountable parties responsible. But at this point, we're going to have to go in and make these repairs, even though we're not responsible to do it. We're going to have to get that done,” attorney Scott Kiernan said.
Still, Young could be on the hook for the cost. Even though the demand letter sent to her on behalf of the condo association acknowledges the conditions were not caused by her, the association still expects her to pay more than $6,000 to reimburse for the eventual repairs.
“Terrible situation, I really feel for her. Unfortunately, legally, we just can’t repair her damage,” Kiernan said on behalf of the association.
Kiernan went on to explain that the association could potentially work with Young to pursue a legal action against the upstairs neighbor in court to reimburse her for the damages.
Young’s attorney says she doesn’t have the means to go through that type of action. However, Lannon did tell 9 Investigates that after airing a story about Young’s situation, someone in the community has stepped forward to offer her a place to live and she intends to take it.
Details of her move are still being worked out, but since she owns the condo, she may still be responsible for the damage.
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