Does Condo Insurance Cover Water Damage?

At Perez Mayoral, P.A., we represent Florida condo owners in disputes over property damage, even when insurance companies deny coverage. If you are in need of a skilled and experienced Hialeah, FL condo lawyer, call us today.

One of the most common questions we hear is whether water damage in a condo is covered by insurance and who is responsible for pipes in condo walls. The short answer is: it depends.

More importantly, coverage is not your only option. If the water damage was caused by a failure of the condo association or a neighboring unit, or you have other issues such as a roach or rodent infestation, you may still be able to take legal action against the responsible party, regardless of whether insurance pays or not.

Two Types Of Condo Insurance Policies

Condo insurance claims usually involve two separate policies:

1. Your HO-6 Policy (Unit Owner Insurance)
   This policy typically covers:
   • Damage to interior parts of your unit (walls, floors, cabinets)
   • Personal belongings (furniture, electronics, clothing)
   • Loss of use (hotel stays or relocation)
   • Personal liability
2. The Association’s Master Policy
   This policy covers:
   • Common elements such as the roof, exterior walls, and structural components
   • Limited parts of units if stated in the declaration
   • Building-wide systems like plumbing lines and electrical risers

It is important to understand which policy applies and when in order to determine who is responsible for paying.

What Water Damage Is Usually Covered?

Most HO-6 policies will cover sudden and accidental water damage, including:

• A burst pipe behind your wall
• A leaking water heater or AC unit
• Water overflow from a neighbor’s unit above

If the damage was unexpected and not caused by neglect or poor maintenance, your personal policy may offer coverage. The master policy may also apply if the source is a common element like a roof or shared pipe.

What Water Damage Is Usually Not Covered?

Policies often exclude coverage for:

• Slow or repeated leaks
• Water intrusion from unsealed windows or cracks
• Damage caused by failure to maintain the unit
• Mold from prolonged moisture

Even if your insurer denies coverage, that does not mean no one is responsible. If the leak came from a common area, like a roof or shared wall, or from another unit, you may still have a legal claim under Florida law.

What We See In These Cases

At Perez Mayoral, P.A., we handle hundreds of water damage disputes every year. In nearly every case, the key is reviewing the condo documents to determine who is legally responsible. Sometimes it is the association. Other times it is another unit owner.

Once we identify the at-fault party, we take action to force repairs to whatever is causing the leak if it has not already been fixed. We then pursue full compensation for the damage, including repair costs, temporary housing, and in many cases, attorney’s fees.

We also frequently sue associations even when the damage was caused by another unit owner. Associations often refuse to step in and resolve the problem, even when they have both the authority and duty to do so under the governing documents.

You Can Still Recover, Even Without Insurance Coverage

Florida Statute 718.113 requires condo associations to maintain the common elements. When they fail to do so and their inaction causes damage, unit owners have legal remedies, even if no insurance coverage applies.

You may be entitled to:

• Repair costs
• Reimbursement for temporary housing
• Damages for lost use of your property
• Attorney’s fees under Florida Statute 718.303

We pursue these claims directly against the responsible party, whether that is your association or a negligent neighbor.

Request A Policy And Damage Review

If your unit has water damage and you are not sure who is responsible, or if your claim has been denied, contact Perez Mayoral, P.A. We will review your policy, your damage, and your governing documents to determine your legal options. Insurance is not the only path to recovery, and we can help you find the right one.

Contact Us Today

If you are dealing with water damage in your condo and are unsure who is responsible, or if your insurance claim has been denied, Perez Mayoral, P.A. can help. Call us at (866) 442-7954 or email [email protected] to schedule a consultation. We represent homeowners throughout Florida in disputes against their condo associations and neighboring unit owners. We do not represent associations.

We will review your policy, the governing documents, and the source of the damage to determine the best path forward. That may include recovering repair costs, forcing the responsible party to make necessary repairs, or seeking attorney’s fees when the association fails to act.

This article contains general legal information and is not legal advice. If you are facing a condo property damage dispute, speak with an attorney from Perez Mayoral, P.A. to receive guidance specific to your situation.