Condo Water Damage Caused by a Neighbor: Your Legal Options

At Perez Mayoral, P.A., we represent Florida homeowners in disputes involving condo water damage, including claims against neighboring unit owners. If you are having water damage issues or are experiencing other common problems that come with condos, contact our Delray Beach, FL HOA lawyer for legal guidance.

The following is information about and suggestions for what to do when you are experiencing water leaks in your condo.

If your condo was damaged by a leak from the unit above or next door, you may be wondering what legal options you have. Whether it was a leaking AC, an overflowing tub, or broken pipes, water coming from a neighboring unit can cause serious damage to your property. The question is what to do about it, and how to make sure you are not stuck with the repair bill.

Identify The Source And Act Quickly

As soon as you discover water damage, try to determine exactly where the water came from. Was it a burst pipe? A leaking appliance? A clogged drain? If you are unsure, get a plumber, leak detection expert, or building maintenance involved immediately.

Once you confirm that the water came from a neighboring unit, take the following steps:

• Document all damage with photos and videos
• Get a written repair estimate
• Notify your condo association in writing
• Request the neighbor’s insurance information
• File a claim with your own HO-6 insurance if needed

When The Neighbor Is Legally Responsible

Under Florida law, a unit owner is generally responsible if their negligence caused water damage to another unit. This could include:

• Failing to maintain an appliance or plumbing fixture
• Ignoring signs of a leak
• Leaving water running
• Improper repairs or installations

In these cases, the neighbor may be required to pay for your repairs, replace damaged property, and reimburse you for any related expenses.

If the neighbor has condo insurance with liability coverage, their insurance company may cover your losses. We often start by sending a demand letter to the neighbor and their insurance company outlining the damages and requesting payment.

What If They Deny Responsibility?

It is common for neighbors to deny that they were at fault or claim it was not their issue. If the damage involved a shared plumbing line, ceiling space, or wall cavity, the condo association may also be partly responsible.

In that situation, we investigate further. We examine the governing documents, interview maintenance staff or building managers, and determine whether the damage was caused by:

• A private system inside the neighbor’s unit
• A shared building component
• A failure by the association to act once it became aware of the issue

We often pursue claims against both the neighbor and the association when appropriate.

How We Help Homeowners Recover

At Perez Mayoral, P.A., we do more than send letters or advise on options. We take action. When a neighbor’s negligence causes damage to your unit, our goal is simple: recover compensation for your losses and force the responsible party to fix the problem.

We:

• Pursue payment for repairs to your unit, including ceilings, drywall, flooring, and any other interior damage
• Seek reimbursement for damaged personal property and temporary housing expenses, if needed
• File legal action against the responsible unit owner, their insurer, and, where appropriate, the association
• Demand that the source of the leak is identified, repaired, and confirmed completed

We litigate these cases when needed, and we do not wait around for associations or neighbors to “look into it.” We move quickly to protect your rights and recover what you are owed.

Don’t Wait Too Long

The longer water damage goes unrepaired, the worse it can get. Mold can develop, materials can degrade, and disputes can become more difficult to resolve. If the association or your neighbor is stalling, refusing to communicate, or denying responsibility, it may be time to involve an attorney.

We Represent Homeowners Against Other Owners And Associations

We handle these cases every day. If your unit was damaged by water from a neighboring unit, we can help you recover repair costs, personal property losses, and additional expenses like hotel stays or cleaning. If your neighbor is uncooperative or the association refuses to help, we step in and take action.

Contact Us For Help

If water from a neighboring condo unit damaged your property, Perez Mayoral, P.A. is here to help. We represent Florida homeowners in claims against both neighbors and associations. We know how to investigate the cause, determine who is legally responsible, and get your damages paid. Contact us today.