R.G. from South Florida writes:
Dear Mister Condo,
My condo is Miami. While a delivery company was delivering my new furniture, a fire sensor was broken. The association is charging me $300.00 for the repair. I didn’t break it but the association said I am responsible because I was receiving the furniture. The association didn’t tell me in which statute this is based on. I read the association by-laws and it doesn’t say anything about this. Can they do this? Thank you.
Mister Condo replies:
R.G., congratulations on the new furniture! I am sorry you have been cited with a bill for the damaged fire sensor. I am not an attorney nor am I an expert in Florida state law but I am happy to provide a common sense opinion of your Board’s action. Since the fire sensor was working just fine before your furniture delivery men accidentally damaged it, you are the most likely to be expected to pay for the repair. I doubt you will find anything in your bylaws or state law specifically addressing this situation but the general principal of “fair is fair” comes into play here. To be honest with you, the delivery company should reimburse you for any damage they caused. They are very likely insured for such a loss or will simply reimburse you for the damage so as to avoid making a claim with their own insurance company. You have the reasonable expectation that they will deliver your furniture without creating damage to your property. Have you contacted them about the cost of the damage they caused? It may be as simple as that! All the best!