Miami, FL 
Florida Condo Attorneys for Condo Owners
We Fight for Homeowners Against HOAs and Condo Associations
At Perez Mayoral, P.A., we proudly represent homeowners only – never HOAs or condominium associations. When your HOA or condo association crosses the line, our attorneys are here to fight for you, protect your rights, and help you take back your peace of mind.
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Common Homeowners Association Issues
In Florida
Homeowners Association’s Duty to Maintain and Repair
Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.
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.
Property Damage Caused by HOA Negligence
Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.
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.
HOA Governance & Transparency Issues
Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.
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.
HOA Rule & Covenant Enforcement Disputes
Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.
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.
HOA Assessment Disputes
Disputes over HOA assessments can occur when homeowners believe the charges are unjustified or excessive. These disputes often arise from a lack of transparency in how fees are calculated or spent, with homeowners questioning the necessity of certain assessments or how funds are being used, especially if the HOA fails to provide detailed financial reports or explanations.
Our firm has extensive experience in dealing with HOA assessment disputes and can assist you in challenging unfair or excessive fees. We work to protect your financial interests and ensure fair treatment under HOA regulations, helping you navigate the complex rules surrounding assessments.
Architectural Control Disputes
Many HOAs have architectural control committees that review and approve changes or additions to properties. Disputes arise when homeowners feel these committees are acting arbitrarily or unreasonably in denying or modifying requests, or when there are disagreements over the interpretation of community standards and guidelines. Homeowners may feel that their property improvements are being unfairly restricted or that the HOA is overstepping its authority.
If you are facing a dispute over architectural changes, our attorneys can help you navigate the approval process and challenge any unreasonable denials. We advocate for your right to make improvements to your property in compliance with community standards, ensuring fair treatment for all homeowners.
Selective Enforcement, Discrimination & Harassment
HOAs are obligated to enforce rules fairly and without discrimination, but issues can arise when associations engage in selective enforcement or discriminatory practices, such as imposing rules on certain homeowners while ignoring the same violations by others. Discrimination and harassment by board members or neighbors can also lead to legal action, especially if based on race, ethnicity, religion, or other protected characteristics.
Our attorneys are well-versed in laws protecting homeowners from discrimination and harassment. If you are experiencing unfair treatment or selective enforcement from your HOA, we are here to provide the legal support you need to ensure your rights are protected.
Neighbor Disputes
Disputes between neighbors in HOA communities can range from noise complaints to property boundary issues, and these conflicts can escalate when HOAs fail to enforce community rules impartially or do not effectively mediate. When direct resolution efforts fail or when the HOA does not adequately address the situation, legal intervention may become necessary to restore community harmony.
Our firm has substantial experience in resolving neighbor disputes in HOA communities. We work to find fair and effective solutions that protect your rights and maintain community harmony, ensuring that all parties are treated fairly.
Accidents & Personal Injuries
Inadequate maintenance of common areas by an HOA can lead to accidents and personal injuries, such as slip-and-fall incidents due to poorly maintained walkways or injuries resulting from inadequate security measures. If the HOA’s negligence in maintaining safety measures directly contributes to accidents, homeowners may be entitled to compensation for medical expenses, lost wages, and other damages.
If you’ve been injured due to the negligence of your HOA, our attorneys can help you pursue compensation for medical expenses, lost wages, pain and suffering, and other related damages. We are committed to holding HOAs accountable for maintaining safe community environments.
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 HOA Claims
Can I sue my HOA or Condominium Association for negligence in Florida?
Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.
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.
Is my HOA or Condominium Association responsible for repairing damage to my home?
The responsibility of an HOA or Condominium Association in Florida for repairing damage to your home largely depends on the nature of the damage, the cause of the damage, and the governing documents of the community. Here’s a breakdown based on different scenarios and legal frameworks:
- General Liability Principles: While the unit owners generally bear the responsibility for repairing damages within their own units, there are scenarios where the Association may be held liable. If the Association’s negligent repair and maintenance of common elements like the roof, walls, or pipes within the building caused property damage to individual units, then the Association may be liable to repair and/or pay for the repairs to the affected units. This liability could extend to covering costs such as lost rent if the unit was being rented out, expenses for alternative housing if the unit becomes uninhabitable, and compensation for lost personal property due to the damage. It’s the Association’s duty to maintain, repair, and replace common elements or other specified items as per the governing documents and Florida law, and failure to do so diligently can result in liability towards the unit owners for the ensuing damages.
- Negligence Claims: If the damage to your home arises from the negligence of the HOA or Condominium Association, particularly due to their failure to repair, maintain, or replace common elements like roofs, walls, or pipes which then result in issues such as water intrusion or other types of damage, you may have grounds to pursue a negligence claim against the association. In such cases, the association may be held liable for the repairs and/or the cost of repairs to the affected units. This liability might also extend to covering related costs such as lost rent, alternative housing expenses, and the replacement of lost personal property caused by the damage.
- Injunctions: In cases where the association neglects its duties as stipulated in the governing documents, unit owners can potentially seek an injunction against the association, compelling them to comply with their duties and obligations under the governing documents. For instance, if there’s excessive moisture intrusion due to issues with common elements which the association is responsible to maintain, unit owners can seek legal recourse to compel the association to address the issue. Unit owners can potentially sue seeking an injunction against the Association, where a court essentially orders an association to comply with their duties and obligations under the governing documents. A case that encapsulates this is Amelio v. Marilyn Pines Unit II Condo. Ass’n, 173 So. 3d 1037 (Fla. 2d DCA 2015). In this case, the Amelios brought a suit against their Condominium Association for failing to address excessive moisture intrusion in their unit, which was linked to issues with the floor slab—a responsibility of the Association to repair and maintain as per the governing condominium documents. The case underscores that unit owners have a right to seek mandatory injunctions against their Association to compel them to fulfill their obligations as stipulated in the governing documents, particularly when the neglect results in irreparable harm and when there’s no adequate remedy at law. Through such injunctions, unit owners can legally press for corrective action through the courts, ensuring the Association adheres to its maintenance and repair obligations to prevent further damage or harm.
- Statutory framework: In Florida, the statutes provide a comprehensive legal framework outlining the responsibilities of HOA and Condominium Associations concerning the maintenance, repair, and insurance of common elements. Specifically, Section 718.111(11) mandates that the association is responsible for insuring the common elements, outlining the insurance coverage requirements including property insurance for all common elements. If a casualty event like a hurricane, fire, or flood causes damage, the association’s insurance may cover the repairs. The liability of the association and unit owners is also determined based on whether the damage was caused by an insurable event or other causes like normal wear and tear or intentional and negligent acts. On the other hand, Section 718.113 emphasizes the association’s duty to maintain the common elements. If the association neglects this duty and a failure to maintain common elements like roofs, walls, or pipes leads to damage in individual units, the association may be held liable for the repairs. This section also outlines the association’s responsibility for certain elements like hurricane shutters, impact glass, code-compliant windows or doors, etc., if stipulated as such in the declaration of condominium. Furthermore, if the negligence in maintaining common elements causes damage making the unit uninhabitable, the association might be liable for the consequences. These statutes collectively create a framework under which the associations operate, and deviations from these stipulated responsibilities can lead to legal repercussions. The specific obligations and liabilities may also be influenced by the governing documents of the individual community. Hence, understanding the interplay between the Florida Statutes and the community’s governing documents is crucial for both the associations and the unit owners to ensure compliance and address issues related to repairs and maintenance adequately.
Given the intricacies of the legal frameworks and the potential variance in governing documents across different HOA and Condominium Associations, it is highly advisable for individuals facing such issues to hire an attorney experienced in HOA and Condominium litigation to navigate this legal domain effectively.
What types of claims are typically covered by HOA insurance?
HOA and Condominium Associations typically carry various insurance policies for different purposes to safeguard both the association and the community against a range of potential issues and liabilities. Here are the typical types of insurance they carry:
- Property and Casualty Insurance: This insurance is carried to protect the general community and association property against insurable events such as hurricanes or fires. It covers damages to common areas or shared structures (e.g., buildings, community pools, clubhouses, sidewalks) caused by events like fires, storms, or vandalism.
- Directors and Officers (D&O) Liability Insurance: This insurance, often referred to as Errors and Omissions Insurance, is meant to protect the directors and officers of the association in case they are sued for breaches of fiduciary duty or errors in the commission of their acts as board members. It’s designed to cover claims against HOA board members or officers for alleged negligence, mismanagement, or other actions that could be seen as failures in their duties.
- General Liability or Commercial General Liability Insurance: This insurance is to protect the association against negligence claims. These claims can arise from the association’s failure to maintain common elements, leading to property damage to unit owners or claims for personal injuries to unit owners and members of the public occurring on association property.
It’s crucial to note that the coverage details may vary depending on the specific HOA and COA insurance policy as well as the governing documents of the individual community. Therefore, it’s always advisable to review your association’s documents and insurance policy to confirm the coverage details and understand the extent of protection provided against different types of claims and liabilities.
How experienced is the legal team at Perez Mayoral in handling HOA claims?
We have significant experience dealing with HOA claims, so we are well-prepared to help homeowners with problems involving their HOAs and condominium associations. Some important things to know about our experience are:
- Diverse experience: Our lawyers successfully litigated on behalf of homeowners with many different claims, such as property damage, breaches of fiduciary duty, defamation, and shareholder derivative actions.
- Unique viewpoint: Since our legal team used to represent associations and insurance companies, they have the essential knowledge about how HOAs, condominium associations, and their insurers work. This helps them understand how associations operate, which can be helpful when fighting for homeowners.
- Focusing on homeowners: Our attorneys now only represent homeowners, demonstrating our dedication to protecting homeowners’ rights and interests in disagreements with their associations. We have significant experience dealing with HOA claims, so we are well-prepared to help homeowners with problems involving their HOAs and condominium associations.
What is the average cost of hiring an attorney specializing in HOA and COA disputes?
The type of claim determines the appropriate fee structure for our legal services. Most of our practice focuses on representing homeowners and condominium owners who have experienced property damage due to their association’s failure to maintain and repair “common elements” like roofs, windows, water lines and pipes, balconies, and other association property. Generally, we handle these cases on a “contingency” basis, meaning we only get paid if we recover compensation for our clients.
For matters involving rule enforcement, selective enforcement, disputes with association board members, violations of the association’s covenants, discrimination, harassment, conflicts between neighbors, or other related issues, we typically work on a refundable retainer basis. This means that our clients pay for the work we do on the case hourly rather than a flat fee. The retainer for each matter is determined based on the projected amount of work requested by the client.
What types of disputes can be brought to an attorney specializing in HOA and COA disputes?
Attorneys specializing in HOA and COA disputes handle conflicts between homeowners and their associations, whether they are homeowners’ associations or condominium associations. These disputes can range from minor issues, such as payment of dues, to more complex matters, such as interpreting rules and regulations or enforcing covenants. These attorneys can help to resolve a wide range of issues, including but not limited to violation of association bylaws and regulations, breach of contract, disputes over property boundaries or ownership rights, failure to pay dues or assessments on time, and harassment from other members. Our practice focuses on representing homeowners experiencing property damage due to the association’s failure to maintain and repair common elements.
How can an attorney specializing in HOA and COA disputes help with these conflicts?
Disputes between associations and homeowners can arise due to various issues, such as failure to comply with rules and regulations or disagreements over assessments. In such cases, an attorney specializing in HOA and COA disputes can significantly assist in providing legal advice and resolving disputes. These attorneys can help by reviewing the association’s governing documents, researching applicable laws, negotiating settlements, and, if necessary, representing the homeowner in court. With their expertise in association law and dispute resolution strategies, attorneys specializing in HOA and COA disputes are invaluable for resolving conflicts between homeowners and their associations, particularly when it comes to addressing property damage caused by the association’s failure to maintain and repair common elements like roofs, water lines and pipes, windows, balconies, and other association property. By working closely with homeowners and utilizing their extensive knowledge of the legal system, these attorneys can help secure fair compensation for damages and ensure that associations are held accountable for their responsibilities to maintain and repair common elements within the community.
How does Perez Mayoral help homeowners with their HOA claims?
Florida experiences a shortage of law firms that represent homeowners against their associations. While numerous “HOA Attorneys” can be found online, most exclusively represent HOAs. Only a handful of law firms that represent homeowners in disputes with their associations possess the necessary knowledge, skill, and litigation experience to effectively enforce their clients’ rights and achieve results. We are one of the few firms with skilled civil litigators and trial attorneys prepared to handle various potential claims. At Perez Mayoral, we help homeowners enforce their rights against their associations by providing top-notch legal representation for all the aforementioned matters. Our dedication to representing homeowners against their associations sets us apart from Florida’s other law firms.
Boca Raton Condo Lawyer
Are you looking for a condo lawyer in Boca Raton, FL?
A condominium law practice with over 100 years of combined courtroom experience, serving Boca Raton owners.
If your condominium association in Boca Raton has fined you, blocked an alteration, or billed you for something you believe is the association’s responsibility, begin by reading the recorded documents that govern your unit. Our Boca Raton, FL condo lawyer represents owners, not the board. At Perez Mayoral, P.A., we measure the association’s decision against the declaration and Florida law, then tell you whether it holds up or can be challenged. Call to schedule an initial case review and get a clear read on your position.
Condo Lawyer Boca Raton, FL
Owners frequently assume the association controls every dispute. It does not. The declaration, also known as the association’s governing documents or rules and regulations, defines and limits the board’s power, and Florida law adds protections on top of it.
We bring that approach to Boca Raton condominium owners. Our attorneys compare the board’s action with the recorded documents and the statute, then explain whether it survives or can be fought. Some disputes close with one well-grounded letter. Others move into mediation, arbitration, or court. We recommend the response that fits the documents and the facts, and we are honest when settling or stepping back serves you better than a fight. Owners are often surprised by how much the documents already protect them.
Types of Condo Disputes We Handle in Boca Raton
Owners call us when a board oversteps, and the same problems repeat across buildings. Each one rests on the recorded documents, the board’s conduct, and the rights Florida gives unit owners. A Boca Raton condo attorney handles all of these.
- Assessments and special assessments. A board cannot levy charges without following its documents. We examine how a special assessment was adopted, whether the notice was proper, and whether the amount can be challenged.
- Selective enforcement. A rule used against you but excused for others may be unenforceable as applied. We assemble the proof that makes selective enforcement provable.
- Architectural and exterior approvals. Conflicts over alterations, paint, and structures are constant. We test the board’s authority over your exterior appearance against the declaration’s actual language.
- Maintenance and water intrusion. When a board neglects its repair duties, owners absorb the damage. We pursue claims tied to condo roof leaks and neglected common elements.
- Records and financial access. Owners are entitled to inspect a wide range of records. We compel disclosure when a board withholds the records you can request or its finances.
- Fines and use-right suspensions. A penalty issued without process can be undone. We challenge fines without a hearing and the suspensions that follow.
- Rental and leasing restrictions. Newly adopted limits can derail an owner’s plans. We assess rental restrictions and how they were enacted.
- Unit access and entry. A board’s right to enter your unit is narrower than many assume. We push back when the association demands unit access beyond what the documents allow.
- Liens and association foreclosure. A recorded lien is serious and time-sensitive. We defend owners facing a lien on your unit and the foreclosure that can follow.
If your issue spans several of these, that is common for owners in a drawn-out dispute, and we will sort it out in the first review.
Why Choose Perez Mayoral, P.A. as my Condo Lawyer in Boca Raton, FL?
Owners First, Always
We represent owners and only owners, never the associations that govern them. Erik A. Perez co-founded Perez Mayoral, P.A. and leads its association litigation practice. He spent years defending insurance carriers and community associations, and he now turns that knowledge toward the owners on the other side of the board. He earned his law degree at the University of Miami and has been admitted to The Florida Bar since 2015. Fernando A. Prego is a partner who focuses on association, real estate, and commercial litigation in state and federal court, and he was named to Super Lawyers Rising Stars for civil litigation after working his way up from file clerk to partner. We also represent owners in Boca Raton HOA disputes when the conflict involves a homeowners association.
A Litigation History Behind Each Case
We have recovered millions of dollars for owners across property damage and association disputes, and we have won results that money does not capture, including a full condominium board recall for cause and a writ of prohibition that removed a biased judge from a condo case. Those outcomes come from preparation and a careful reading of the documents, and we build every case as if it may be tried.
Understanding Condominium Disputes
The Declaration, Your Rights, and the Board’s Limits
Condominium cases turn on the documents, the board’s conduct, and the law that protects the owner. We begin by reading the recorded declaration line by line, because the language there usually answers the question. Keep these ideas in mind:
- The declaration controls and sits above the bylaws and the board’s day-to-day rules.
- Owners hold use rights in their unit and in the common elements that the board cannot erase.
- The board must follow notice, meeting, and voting procedures before many decisions take effect.
- A rule applied unevenly opens the door to a selective-enforcement challenge.
- The board owes duties to maintain shared property and to spend assessment money properly.
- Amending the declaration generally requires owner approval
- Remedies range from a corrected record to monetary recovery to a court order compelling the board to act.
We line your facts up against these principles before recommending a course of action, and we tell you plainly when a dispute is not worth pursuing.
What Are Important Aspects of a Condo Case?
The strength of a condominium claim usually depends on the record and the timing. The association keeps minutes, notices, and votes, and that same record often reveals where it went wrong.
- Whether the board followed its documents and the law.
- Whether you preserved notices, ballots, letters, and photos.
- Whether the association treated comparable owners differently.
- Whether a presuit step or a filing deadline controls the next move.
- Whether the matter is worth litigating or better resolved by agreement.
What Is the Condo Case Timeline?
Every matter moves at its own pace, and the board’s willingness to engage sets much of it. These are the steps to expect.
- We review your documents and the board’s conduct.
- We send a demand or a records request where warranted.
- We pursue mediation or arbitration when the dispute calls for it.
- We file suit if the association will not resolve the matter.
- We work toward a settlement or a ruling, then enforce the result.
What Should You Bring to Your Condo Consultation?
To better assess your case, please bring any documentation and evidence you have to your consultation.
- The recorded declaration, bylaws, and any rules and regulations.
- The notices, fines, or letters the association sent you.
- Photos, invoices, or repair estimates tied to your claim.
- Meeting minutes, ballots, or financial reports you received.
Bring what you can, and we will identify the rest, including records we can demand from the association if the file is incomplete. The first conversation is about understanding your position, the deadlines that may apply, and the realistic options in front of you.
What Are Important Florida Legal Resources for Condominium Cases?
These resources help Boca Raton owners locate the law and the agencies that touch association disputes. Each is a reliable starting point and not a substitute for advice on your facts.
- The Florida condominium statute sets out the framework for condominium ownership and association duties.
- The parallel Florida HOA statute governs owners in communities with homeowners’ associations.
- The Division of Florida Condominiums handles certain association arbitration and recall matters.
- The Florida Bar consumer information library offers plain-language legal background.
- Owners who suspect discrimination can review fair housing complaints.
Boca Raton Condo Lawyer for Condo Owners Facing Association Disputes
Condo ownership in Boca Raton can come with legal issues that are different from other parts of Florida. Many Boca Raton condominium buildings are older, located near the ocean or Intracoastal, subject to building recertification requirements, or facing rising repair costs, reserve funding issues, and special assessments. When a condo association does not communicate clearly, delays repairs, denies access to records, applies rules unfairly, or shifts responsibility to the owner, the dispute can quickly affect the owner’s home, finances, and property rights.
Our firm represents condo owners, not condominium associations. We help Boca Raton condo owners review their governing documents, board notices, inspection issues, repair history, assessment notices, violation letters, rental restrictions, and association communications. If your association is ignoring your concerns, charging questionable fees, delaying repairs, or taking action against you, we can help you understand your options.
Boca Raton Condo Recertification and Inspection Disputes
Boca Raton has many condominium buildings that may be affected by local building recertification, milestone inspection, structural safety, and electrical inspection requirements. These issues are especially common in older condo buildings, taller buildings, and buildings located near the coastline. When a building inspection identifies structural, electrical, concrete, balcony, roof, waterproofing, or life safety concerns, the association may need to plan repairs, obtain permits, hire contractors, and decide how the work will be funded.
For condo owners, this can lead to serious disputes. Owners may receive a large special assessment without enough explanation. The board may refuse to provide inspection reports or repair plans. The association may delay repairs while damage continues inside individual units. Some owners may be told that the problem is their responsibility even when the issue appears to involve a common element or limited common element.
A Boca Raton condo lawyer can help owners evaluate issues involving:
- Building recertification notices
- Milestone inspection issues
- Structural and electrical inspection reports
- Repair plans and repair timelines
- Balcony, concrete, roof, waterproofing, and exterior repair projects
- Special assessments tied to building safety work
- Owner requests for inspection reports and association records
- Disputes over whether the association or the owner must pay for repairs
- Board delays after an inspection identifies building problems
If you received a notice about building recertification, a repair project, or a large special assessment, it is important to review the association’s authority, the governing documents, the notice provided to owners, the records supporting the charge, and whether the board followed the proper process.
Special Assessment Disputes in Boca Raton Condo Buildings
Special assessments are a major concern for many Boca Raton condo owners. A special assessment may be used to pay for roof work, concrete restoration, balcony repairs, elevator repairs, waterproofing, insurance increases, reserve shortfalls, engineering reports, or other association expenses. Some assessments are valid and necessary. Others may raise questions about timing, transparency, board authority, cost allocation, or whether the charge includes items the association should not be passing to owners in that way.
Common special assessment disputes include:
- Owners receiving little or no explanation for the assessment
- The association refusing to provide invoices, bids, contracts, inspection reports, or reserve information
- The assessment being tied to repairs that were delayed for years
- The board approving work without clear notice to owners
- Owners being charged for items that may not be their responsibility
- The association using vague descriptions like “building repairs” or “maintenance” without enough detail
- Different owners being charged in a way that seems unfair or inconsistent
A special assessment can place real financial pressure on a condo owner. It can also affect the owner’s ability to sell, rent, refinance, or keep the unit. We help owners review the assessment notice, budget records, meeting minutes, governing documents, reserve information, and communications from the board or property manager to determine whether the association acted properly.
Structural Integrity Reserve Study and Reserve Funding Disputes
Many Boca Raton condo owners are seeing higher monthly dues, new reserve requirements, or special assessments connected to Structural Integrity Reserve Studies, often called SIRS. These studies can involve major building components such as the roof, structural systems, fireproofing, plumbing, electrical systems, waterproofing, exterior painting, windows, exterior doors, and other building items that may be expensive to maintain or replace.
When a reserve study shows that an association does not have enough money set aside, the board may increase assessments, adjust the budget, seek a loan, or impose a special assessment. Owners may have questions about what the study includes, whether the association is funding items that are actually related to structural integrity, whether the board provided proper notice, and whether the board is being transparent about the association’s finances.
We help Boca Raton condo owners with reserve and SIRS-related disputes involving:
- Large increases in monthly condo fees
- Special assessments tied to reserve funding
- Requests for copies of the SIRS or reserve study
- Questions about whether certain items belong in the reserve study
- Board refusal to explain how the assessment was calculated
- Concerns that the association delayed maintenance and is now shifting the cost to owners
- Disputes over loans, lines of credit, or other funding decisions
- Owner concerns about transparency, records, and board decision-making
A reserve study can affect every owner in the building. If the association is asking owners to pay more but will not provide clear records, the issue may need legal review.
Condo Repair, Maintenance, and Water Damage Disputes in Boca Raton
Condo repair disputes are common in Boca Raton, especially in older buildings and buildings near the ocean or Intracoastal. Salt air, storms, wind-driven rain, roof issues, balcony deterioration, concrete problems, exterior window and door failures, pipe leaks, and waterproofing problems can all lead to damage inside individual units.
One of the most important questions is whether the damaged area is part of the unit, a limited common element, or a common element the association must maintain. These distinctions matter because they can determine who is responsible for repairs, who must pay, and whether the association failed to meet its obligations.
Condo owners may need legal help when the association:
- Ignores reports of leaks or water intrusion
- Delays roof, balcony, exterior wall, window, door, or concrete repairs
- Claims the damage is the owner’s responsibility without explaining why
- Fails to maintain common elements
- Allows damage to continue after repeated complaints
- Refuses to provide maintenance records or repair history
- Blames the owner, insurance company, or contractor without supporting records
- Does not address mold, ceiling damage, flooring damage, or loss of use caused by association-controlled areas
We help Boca Raton condo owners review the declaration, maintenance responsibilities, repair records, photographs, contractor reports, insurance letters, and communications with the property manager. When the association is responsible for the building component at issue, owners may have legal options.
East Boca and Barrier Island Condo Issues
Condo buildings in East Boca, on the barrier island, near the Intracoastal, and close to the ocean can face issues that are not always present in inland communities. Coastal conditions may contribute to concrete wear, balcony problems, corrosion, waterproofing failures, roof leaks, exterior paint issues, and window or door problems. These building conditions can lead to disputes when an association waits too long to act or asks owners to pay large assessments without clear records.
Owners in these buildings may also face project delays when many associations are seeking engineers, contractors, inspections, permits, and repair work at the same time. A repair that begins as a building-wide project can become a legal dispute if the association does not communicate, does not follow the governing documents, or does not properly address damage inside individual units.
We help owners in East Boca and coastal condo buildings with issues involving:
- Barrier island condo disputes
- Intracoastal condo building disputes
- Salt air and exterior building damage disputes
- Balcony restoration issues
- Concrete repair disputes
- Roof and waterproofing problems
- Window and exterior door disputes
- Water intrusion into individual units
- Building-wide repair projects
- Owner access to records about repairs, inspections, bids, and contracts
This type of local section helps separate a Boca Raton condo page from a general Florida condo page because it speaks directly to the building conditions, repair problems, and association disputes Boca owners are more likely to face.
Rental, Guest Approval, and Seasonal Owner Disputes in Boca Raton Condos
Boca Raton has many seasonal residents, part-time owners, snowbirds, investors, and owners who rely on rental income from their condominium units. Disputes can arise when a condo association denies a tenant application, delays approval, changes rental rules, limits guest access, imposes fines, or applies rental restrictions unevenly.
Rental and guest disputes may involve:
- Minimum lease terms
- Short-term rental restrictions
- Seasonal rental rules
- Tenant screening and approval delays
- Guest registration requirements
- Family member access to the unit
- Fines for alleged rental violations
- Claims that an owner violated the declaration, bylaws, or rules
- Board decisions that interfere with an owner’s ability to rent the unit
- Uneven enforcement of rental or guest rules
These issues can be especially frustrating when an owner bought the unit believing it could be rented or used by family members during part of the year. We help Boca Raton condo owners review the declaration, bylaws, amendments, rules, rental application records, board notices, fine letters, and communications with the property manager.
If the association is applying rental rules unfairly, delaying approvals without a valid reason, or enforcing restrictions that do not match the governing documents, a condo owner may have options.
Condo Fines, Violations, and Rule Enforcement in Boca Raton
Condo associations in Boca Raton may issue violation letters, fines, suspension notices, architectural violation claims, parking violations, pet violation notices, noise complaints, rental violation notices, and other enforcement actions. While associations may have authority to enforce valid rules, they must still act within the governing documents and applicable law.
Owners may need help when the association:
- Claims a violation without enough detail
- Refuses to explain what rule was violated
- Applies the rule differently to different owners
- Denies an owner the chance to respond
- Uses fines to pressure the owner instead of addressing the real issue
- Issues repeated violation letters after the problem has been corrected
- Targets one owner while ignoring similar conduct by others
A violation letter should not be ignored, especially if it threatens fines, suspension of rights, legal fees, or further action. We help owners review the rule being enforced, the association’s authority, the notice provided, the evidence supporting the violation, and whether the board treated the owner fairly.
Condo Record Request and Board Transparency Disputes
Many Boca Raton condo disputes become worse when the association refuses to provide records or gives owners incomplete information. Owners may ask for meeting minutes, budgets, reserve information, repair contracts, insurance records, inspection reports, bids, violation records, special assessment records, or communications about a building-wide project.
When the association is asking owners to pay more money, follow new restrictions, or accept delayed repairs, access to records becomes important. Owners should not be left guessing about why an assessment was issued, why repairs are delayed, who approved the work, or how association funds are being used.
We help condo owners with disputes involving:
- Requests for association records
- Board meeting minutes
- Special assessment records
- Budget and reserve records
- Engineering and inspection reports
- Repair contracts and contractor bids
- Insurance records
- Violation and fine records
- Communications with the property manager
- Board refusal to provide documents
When a board or property manager will not provide information, a lawyer can help the owner determine what records may be available and what steps can be taken next.
What Boca Raton Condo Owners Should Gather Before Calling a Lawyer
If you are dealing with a condo association dispute in Boca Raton, gathering the right documents can help us understand the issue faster. You do not need every record before calling, but these items are helpful if you have them:
- Declaration of condominium
- Bylaws
- Rules and regulations
- Recent board meeting minutes
- Special assessment notices
- Budget and reserve information
- Structural Integrity Reserve Study notices
- Building recertification or milestone inspection notices
- Engineering reports or repair notices
- Photos or videos of leaks, cracks, balcony damage, ceiling damage, mold, roof issues, or other problems
- Emails with the board or property manager
- Violation letters or fine notices
- Rental denial letters or tenant approval communications
- Insurance claim letters
- Contractor estimates or repair reports
- Proof of payments made to the association
- Notices about hearings, meetings, repairs, inspections, or deadlines
These records can help show what the association knew, when it knew it, what it told owners, and whether it followed the governing documents.
Reach Out to Perez Mayoral, P.A. to Schedule a Consultation
Our Boca Raton condominium attorney who represents owners. We offer an initial case review and a straight read on where you stand and what your choices are, with no pressure to move before it makes sense. Our office returns inquiries promptly and will tell you what to expect next. Contact us to schedule your review.
