Can I Sue My Condo Management Company?

Understanding Legal Responsibility In Florida Condominium Disputes

At Perez Mayoral, P.A., we frequently consult with condominium owners who are frustrated with their management company’s performance. Whether it’s poor maintenance, financial irregularities, or unresponsiveness, these issues can significantly impact your quality of life and property value. If you have specific questions about your situation, please contact our team at www.pmlawfla.com, call us at 1-800-777-1305, or email [email protected] for personalized legal advice.

Your Condominium Association Has Non-Delegable Duties

Many condominium owners mistakenly believe the management company is solely responsible when problems arise. However, Florida law is clear: your condominium association cannot escape its legal responsibilities by hiring a management company.

What Are Non-Delegable Duties?

As established in Walters v. Beach Club Villas Condo., Inc., 301 So. 3d 343 (Fla. 3d DCA 2020), condominium associations have certain duties that are considered “non-delegable” under Florida law. This means that even when the association hires contractors or management companies to perform these duties, the association remains legally responsible for ensuring they are properly fulfilled.

The court in Walters confirmed that condominium associations have a “nondelegable duty to maintain the dock and the other common areas.” The court further explained that when a party “is subject to a nondelegable duty, the party subject to the nondelegable duty is directly liable for the breach of that duty, and the assignment of liability based on the tortious acts of another is not a consideration.”

Sources of Non-Delegable Duties

Your condominium association’s non-delegable duties come from multiple sources:

1. The Florida Condominium Act: Section 718.113(1) requires that condominium associations maintain the common areas. This statutory duty cannot be delegated away.
2. Your Declaration of Condominium: As noted in Walters, a declaration of condominium “operates as a contract between the association and the owner-members” and can impose additional non-delegable duties.
3. General Premises Liability: The Walters court affirmed that property owners owe invitees two duties that cannot be delegated: (1) “to use reasonable care in maintaining the property in a reasonably safe condition” and (2) “to warn of latent or concealed dangers.”

What This Means For Condominium Owners

The legal concept of non-delegable duties has important implications for unit owners:

The Association Remains Liable

When a management company fails to properly maintain common elements or manage association affairs, the association remains legally responsible. As the Walters court explained:

“When an owner owes a non-delegable duty of care to a plaintiff who obtains a verdict assigning negligence to the owner and a party contracted by the owner, the owner becomes jointly and severally liable for the negligence attributed to the contracted party.”

This means that even if the management company is directly responsible for the failure, the association cannot avoid liability by pointing the finger at its contractor.

Joint and Several Liability

In cases where both the association and its management company are found negligent, the association may be held “jointly and severally liable” for the management company’s portion of the damages. The Walters court cited Pembroke Lakes Mall Ltd. v. McGruder, which held that when a property owner hires an independent contractor to maintain the premises, the owner remains jointly liable for the contractor’s negligence due to its non-delegable duty.

Common Scenarios Of Association Responsibility

Maintenance and Repair of Common Elements

When common element maintenance problems cause damage to your unit:

• The association cannot avoid liability by claiming “the management company was responsible”
• Section 718.113 specifically places maintenance obligations on the association
• As Walters confirms, hiring contractors “did not disclaim or negate its nondelegable duty” to maintain common elements in a reasonably safe manner

Financial Management

If assessments are mishandled or financial records are improperly maintained:

• The association bears ultimate responsibility for financial oversight
• Board members have fiduciary duties that cannot be delegated away
• The association must ensure proper financial controls are in place, even when a management company handles day-to-day operations

Access to Records

When unit owners are denied access to official records:

• Section 718.111(12) places the duty to maintain records directly on the association
• The association cannot claim that record-keeping failures are solely the management company’s responsibility
• The association must ensure compliance with statutory record-keeping requirements

Legal Remedies for Unit Owners

Florida law provides clear remedies for unit owners when associations fail to meet their obligations:

Statutory Authorization To Sue

Section 718.303(1), Florida Statutes, explicitly allows unit owners to bring legal action against their association for failing to comply with the Condominium Act or the condominium’s governing documents.

Available Relief

When an association fails in its duties, unit owners may seek:

• Injunctive Relief: Court orders requiring the association to fulfill its obligations
• Damages: Compensation for harm caused by the association’s failures
• Attorney’s Fees: Recovery of reasonable legal costs as the prevailing party

When the Management Company May Also Be Liable

While the association remains primarily responsible due to its non-delegable duties, there may be situations where pursuing the management company directly is also appropriate:

1. Direct Negligence: When the management company’s direct actions cause harm beyond the scope of the association’s duties
2. Separate Contractual Relationships: If the management company has entered into separate agreements with unit owners
3. Fraudulent Activities: Cases involving intentional misconduct or fraud

The Florida courts have been clear: condominium associations cannot escape their legal responsibilities by hiring management companies or other contractors. As established in Walters v. Beach Club Villas Condo., Inc., the duties imposed by the Florida Condominium Act and your declaration are non-delegable, meaning the association remains legally responsible even when it delegates tasks to a management company.

When problems arise in your condominium—whether related to maintenance, finances, or governance—it’s important to recognize that your association bears legal responsibility for these issues, even if day-to-day operations are handled by a management company. As the court in Walters confirmed, the hiring of contractors “did not disclaim or negate [the association’s] nondelegable duty” to unit owners.

At Perez Mayoral, P.A., we understand the complexities of Florida condominium law and can help you hold the appropriate parties accountable when your rights as a unit owner are violated. For assistance with your specific situation, please visit our website at www.pmlawfla.com, call us at 1-800-777-1305, or email us at [email protected].

DISCLAIMER

This article is for general information only and does not constitute legal advice. No attorney-client relationship is created by reading or responding to this content. Laws change frequently, and this information may not reflect current legal developments.

Every case is unique. Past results do not guarantee similar outcomes. Before taking any action based on this information, consult with a qualified Orlando, FL HOA lawyer who can review your specific situation.

Perez Mayoral, P.A. disclaims all liability for actions taken or not taken based on this content. For personalized legal advice, please contact our office at 1-800-777-1305 or [email protected].