Miami, FL 
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Request a Consultation With an HOA Attorney
Common Condominium Association Disputes in Florida
Representing Unit Owners Against Their Associations
Failure to Maintain and Repair Common Elements
Under Florida Statute 718.113, condominium associations are legally responsible for maintaining the common elements of the building. This includes, generally, the roof, exterior walls, structural slabs, drainage systems, plumbing lines, and other shared building components. In some cases, it can also include windows, depending on the governing documents.
When associations fail to meet their maintenance obligations, it often results in serious property damage to individual units, including water intrusion, mold, and collapsed ceilings. We regularly sue associations, as well as other unit owners, for causing damage to our clients’ units. In these cases, we pursue the full cost of interior repairs, including drywall, flooring, cabinetry, lost rental income, and other personal property losses.
Associations often tell owners that anything inside the unit is their responsibility, no matter what. Legally, that is incorrect. The party responsible for the cause of the damage is responsible for the cost of the repairs. Our firm has helped hundreds of unit owners pursue these claims successfully this year alone.
Property Damage Due to Association Negligence
Many property damage disputes arise when an association neglects known maintenance problems. This includes failure to fix leaks from the roof or plumbing systems, delays in addressing structural cracks, or using unlicensed contractors who cause further damage. These cases often involve violations of the association’s statutory and contractual obligations to maintain the building.
We hold associations accountable when their negligence results in water intrusion, mold, or structural failure inside your unit. Our team aggressively pursues compensation for the full cost of repairs and loss of use when associations try to avoid responsibility.
Assessment Disputes and Lien Foreclosures
Condominium associations have the authority to levy assessments and, if unpaid, record liens and file foreclosure actions against unit owners. But we regularly see associations overstep. Some attempt to collect amounts not legally owed, tack on inflated attorney’s fees, apply payments incorrectly, or pursue foreclosure without following the required procedures under Florida law.
In many cases, the owner simply needs time or a fair payment plan. We help unit owners resolve these disputes before they escalate to foreclosure, and when necessary, we defend foreclosure lawsuits head-on. Depending on the facts, we may be able to challenge the validity of the lien, reduce the balance owed, or negotiate a settlement that avoids losing the property.
If you are being threatened with foreclosure over unpaid assessments, we can help you understand your rights, evaluate any legal defenses, and work toward a resolution that protects your unit and your future.
Lack of Transparency and Access to Records
Under Florida Statutes 718.111(12) and 718.501, condominium unit owners are entitled to inspect and copy the association’s official records. This includes financial reports, vendor contracts, insurance policies, and board meeting minutes. Associations that delay, deny, or ignore valid record requests may be in violation of state law.
We help owners enforce their rights to access these records and compel associations to produce the documents they are legally obligated to maintain and provide.
Improper Enforcement of Rules and Regulations
Associations must follow their governing documents and Florida law when creating and enforcing rules. They cannot selectively enforce rules against some unit owners while ignoring the same violations by others. This is known as selective enforcement and is prohibited under Florida law.
In addition, associations must follow proper procedures when passing or amending rules. If your board is trying to impose new restrictions without following the documents or is enforcing rules unequally, we can help you challenge these actions and protect your rights.
Disputes Over Special Assessments
We frequently represent unit owners in disputes involving special assessments. Boards sometimes impose assessments without proper notice, documentation, or justification. Owners have the right to question how the funds will be used and whether the board followed the proper procedures under the governing documents and Florida law.
We help clients challenge illegal or unfair assessments and pursue legal remedies where necessary.
Architectural and Alteration Disputes
Some disputes arise when an association refuses to repair a common element that is affecting a unit, such as a damaged pipe or slab that is causing interior damage. Other times, associations block owners from making reasonable changes to their own units or interfere with property rights under vague or inconsistent policies. Associations also sometimes use parts of a unit to access or service common elements and fail to compensate the owner.
Our firm helps unit owners enforce their rights when associations improperly deny modification requests, fail to maintain shared components, or interfere with the use of their unit.
Discrimination, Harassment, and Retaliation by Boards
We regularly represent unit owners who are facing discrimination, harassment, or retaliation by board members or property managers. This includes false violation notices, verbal harassment, exclusion from meetings, and misuse of the association’s enforcement power.
If you are being treated unfairly because of who you are or because you exercised your legal rights, our attorneys can step in to protect you and demand accountability.
Neighbor Conflicts the Association Won’t Address
Neighbor disputes in condominiums can include everything from excessive noise and smoking to mold and water leaks spreading between units. Associations have a duty to respond to valid nuisance complaints and enforce the rules fairly.
If your association refuses to step in or investigate the issue, we can help you bring legal claims to stop the nuisance, repair the damage, or both.
Improper Rental Restrictions
Associations sometimes try to prevent owners from renting their units without proper legal authority. In some cases, they attempt to pass amendments that violate Florida law or fail to follow the required procedures for amending the governing documents. Some associations also apply rental restrictions retroactively, which is not allowed under Florida law unless the governing documents clearly authorize it.
We represent owners in disputes where the board is attempting to block a lease, impose unreasonable rental limitations, or enforce rules that were not properly adopted. If your association is trying to interfere with your right to lease your unit, we can help challenge those restrictions and protect your property rights.
Injuries from Unsafe Common Areas
When a resident or guest is injured due to dangerous conditions in a common area—like broken staircases, rotted balconies, or unsafe pools—the association may be liable. We represent clients in personal injury claims caused by poor maintenance or failure to warn about known hazards.
If you or a loved one was injured due to the association’s negligence, we can pursue compensation for your damages.
Video Resources
FOR FLORIDA HOMEOWNERS
If you are experiencing property damage or safety hazards due to your HOA’s failure to maintain and repair common areas or elements, our attorneys can help. We work diligently to hold HOAs accountable and ensure they fulfill their maintenance obligations to keep your community safe and well-maintained.
Contact us today for a case review.
HOA troubles turning your dream home into a nightmare? From maintenance failures and excessive fines to neighbor disputes, discrimination, and board governance issues, Perez Mayoral, P.A. is here to help. Our experienced attorneys will protect your homeowner rights and resolve your HOA conflicts. Don’t let these problems persist.
Frequently Asked Questions
About Condominium Association Claims in Florida
Can I sue my Condominium Association for negligence in Florida?
Yes. Condominium associations in Florida have a legal duty to maintain and repair the
common elements of the building. These typically include the roof, structural slabs,
exterior walls, drainage systems, vertical plumbing lines, shared electrical systems, and
sometimes windows, depending on the governing documents.
When the association fails to meet this duty and that failure causes damage inside your
unit, you may have a valid negligence claim. We represent unit owners seeking the full
cost of interior repairs, including drywall, flooring, cabinetry, and personal property
losses.
Associations often tell owners that anything inside their unit is automatically their
responsibility. That is incorrect. The at-fault party is legally responsible for the damage,
even if the damage is located inside the unit. We regularly help owners recover the cost
of these repairs when associations try to avoid responsibility.
Is my Condominium Association responsible for repairing damage to my unit?
It depends on the source of the damage and what your governing documents say. While
unit owners are generally responsible for the interior of their unit, associations are
responsible for maintaining and repairing the common elements.
If the damage was caused by a roof leak, a failed pipe, a deteriorated structural slab, or
another common element, then the association may be required to pay for the repairs to
your unit. That can include:
Interior drywall, ceilings, and flooring
Mold cleanup and remediation
Damage to personal property
Temporary housing or lost rental income
Florida Statute 718.113 sets out the association’s responsibility to maintain and repair
the common elements. Florida Statute 718.111(11) requires the association to insure
those elements. When associations neglect these obligations and damage results, they
can be held liable through a negligence claim or ordered by a court to make repairs.
In Amelio v. Marilyn Pines Unit II Condo. Ass’n, 173 So. 3d 1037 (Fla. 2d DCA 2015),
the court ruled that a condo owner could seek a mandatory injunction requiring the
association to fix slab-related moisture intrusion. That case confirms that associations
can be forced to comply with their obligations when they ignore needed repairs.
Is my Condominium Association responsible for damage to my unit if it was caused by another unit owner?
In certain cases, yes. Florida case law holds that an association may still be responsible
for maintaining and repairing common element components, such as drywall, even if the
cause of the leak came from another unit. These cases are fact-specific and depend on
the governing documents and nature of the damage.
What can I do if my condominium association is trying to foreclose on my unit over unpaid assessments?
If your condominium association claims you owe assessments and has recorded a lien
or filed for foreclosure, it is important to act quickly. Florida law allows associations to
place a lien on a unit for unpaid assessments and, after proper notice, file a foreclosure
action. However, many of these cases involve inflated balances, legal fees added
without proper documentation, or assessments that may be partially or fully barred by
the statute of limitations.
We frequently represent unit owners in defending against foreclosure actions and
negotiating disputes over alleged unpaid assessments. In some cases, the association
is demanding amounts the owner does not legally owe. In others, the association has
failed to follow the proper procedures before filing suit. We also review whether the
association has misapplied payments or charged interest or legal fees beyond what the
governing documents allow.
Sometimes, the issue is simply that our client needs more time or help getting onto a
reasonable payment plan. When that’s the case, we work to negotiate terms that avoid
foreclosure and protect the owner’s rights. It all depends on the facts of the case, but we
approach each situation with the goal of finding a practical resolution while preserving
your home or investment.
If you have received a demand letter, lien notice, or foreclosure lawsuit from your
condominium association, contact us right away. You may have valid defenses, and
early legal intervention often creates more options for resolving the issue without losing
your property.
What types of claims are typically covered by a condominium association’s insurance?
Condominium associations usually carry three main types of insurance:
Property and casualty insurance, which covers damage to common elements
caused by hurricanes, fires, and other insurable events
General liability insurance, which covers injuries or property damage that
happen in the common areas
Directors and officers (D&O) insurance, which protects board members when
they are accused of mismanagement or violating their fiduciary duties
Every policy is different. Some associations misrepresent the scope of their coverage.
We help unit owners review policies and push for coverage when associations or
insurers try to deny valid claims.
How experienced is Perez Mayoral in handling condominium claims?
Our attorneys have handled hundreds of condominium-related disputes involving water
damage, negligent maintenance, special assessments, board harassment, and access
to records. We have also previously represented insurance companies, so we
understand how insurance claims work and how to push insurers to do what they are
supposed to do.
What is the average cost of hiring an attorney for a condominium association dispute?
It depends on the nature of your case.
For property damage cases, we usually work on a contingency fee basis,
meaning you do not pay unless we recover money for you
For other types of disputes, such as selective enforcement, special assessments,
or retaliation, we charge based on an hourly rate with a refundable retainer
We are always transparent about costs and explain everything up front before you hire
us.
What kinds of disputes can I bring against my condominium association?
We help unit owners with a wide range of legal issues, including:
Roof leaks, pipe bursts, and other property damage
Improper or excessive special assessments
Denied access to financial records or board materials
Unequal or selective enforcement of rules
Retaliation, harassment, or discrimination by board members or managers
Illegal or improperly applied leasing restrictions
Damage caused by neighbors that the association fails to address
Personal injury or unsafe conditions in the common areas
How can an attorney help with a condominium dispute?
We begin by reviewing the governing documents and identifying whether the
association has failed to follow the law or its own rules. Depending on the situation, we
may send a demand letter, negotiate a resolution, file a lawsuit, or ask a court to order
the association to comply.
Whether it involves recovering damages, enforcing access rights, or challenging board
decisions, we guide our clients through the process and work to get results.
How does Perez Mayoral, P.A. help unit owners enforce their rights?
At Perez Mayoral, P.A., we represent unit owners only. Never associations.
Most law firms in Florida that practice “HOA law” actually represent the associations, not
the homeowners. That leaves many owners without a clear path to legal help. This is
where we come in.
We help unit owners take legal action when their rights are violated or their property is
damaged due to an association’s failure to act. Our firm provides aggressive, strategic
representation focused on holding condominium associations accountable under Florida
law and the governing documents. Whether your case involves water damage,
insurance delays, unfair treatment, or board misconduct, we are here to help you
enforce your rights and protect your investment.