Can I Sue My HOA For Injuries? Understanding When The Association Is Liable

When someone is injured in a community governed by a homeowners association (HOA) or condominium association, two of the first questions that come up are: Can I sue my HOA for injuries and do I need an Orlando, FL HOA lawyer to do this? The answer depends on where the accident happened, who was responsible for maintaining that area, and whether the association failed to meet its legal obligations.

HOAs and condo associations are supposed to maintain safe common areas for the benefit of their residents. But when they neglect their duties, people can suffer serious injuries—from slip-and-fall accidents to broken bones to assaults caused by negligent security. This article provides an overview of when an association may be liable, how these cases work, and what steps you should take if you’ve been injured.

HOA Liability: General Overview

Under Florida law, HOAs and condo associations have a duty of care to maintain the common areas they control. If they fail to repair dangerous conditions, warn residents of hazards, or provide basic security when needed, they may be held responsible for injuries that occur.

For example, if you trip on a broken sidewalk in the community or slip on algae at the pool deck, the association could be liable. On the other hand, if the accident happened inside your unit, liability usually falls on the unit owner—not the HOA.

Common Area VS. Unit Responsibility

The key to determining liability is figuring out who controls the area where the injury occurred.

Common Areas (HOA/Condo responsibility): Sidewalks, parking lots, clubhouses, pools, stairwells, elevators, gyms, lobbies, and landscaping. Injuries here are often the responsibility of the association.

Limited Common Elements: Some areas, like balconies or patios, are reserved for individual owners but still maintained by the association. Responsibility can be shared and fact-specific.

Individual Units (Owner responsibility): Inside a unit or townhouse, the owner typically controls and maintains the property. Injuries inside are generally not the HOA’s responsibility unless caused by association negligence (for example, a roof leak leading to mold exposure).

This distinction is often the battleground in injury cases. Associations will try to argue that the accident happened in a space outside their responsibility to avoid liability.

Statutory Duties Under Florida Law

Florida law does more than impose a general duty of care. Specific statutes require associations to maintain their property and make them liable if they fail:

Condominiums – Fla. Stat. § 718.113: Condominium associations must maintain the common elements. This includes everything from structural components to sidewalks, elevators, and pool areas. If a resident or guest is injured because the board neglected these duties, the association can be held responsible.

Condominiums – Fla. Stat. § 718.303: This section makes the association responsible for compliance with the governing documents and statutes. Importantly, it also provides that associations may be liable for damages when they fail to meet their obligations under the law.

Homeowners Associations – Fla. Stat. § 720.305: Similar to 718.303, this statute requires HOAs to comply with their governing documents and the law. If they fail to maintain common areas as required, homeowners and even guests may pursue claims for resulting damages, including injuries.

These statutes reinforce that associations cannot simply ignore dangerous conditions. When they fail to maintain the property or provide a safe environment, residents have the right to hold them accountable.

Typical Defenses HOAs Use

Associations rarely accept responsibility right away. Some common defenses include:

Blaming the resident: Arguing the injured person wasn’t paying attention, ignored warning signs, or was careless.

No notice: Claiming they didn’t know about the hazard and therefore couldn’t fix it.

Owner’s responsibility: Shifting the blame to an individual unit owner instead of the association.

Independent contractor: Pointing the finger at a landscaper, pool company, or security contractor.

An experienced HOA injury attorney can gather maintenance records, prior complaints, and witness testimony to overcome these defenses.

Insurance Issues In HOA Injury Claims

Most HOAs and condo associations carry general liability insurance that covers injuries in common areas. That insurance is there to pay claims like slip-and-falls, trip-and-falls, or negligent security cases. However, insurers often fight to minimize payouts.

Sometimes, there may also be disputes over whether the association’s insurance or the unit owner’s insurance applies. For example, if someone is injured on a balcony, the insurer may argue it’s not covered under the association’s policy.

Navigating these insurance issues is one of the most important roles an attorney plays in HOA injury cases.

Step-by-Step Guide If You’ve Been Injured

If you’ve been hurt on HOA or condo property, here are the steps you should take right away:

• Get medical treatment immediately. Your health comes first, and medical records will be key evidence.
• Report the accident to the association. Put it in writing, and ask for a copy of any incident report.
• Document the hazard. Take photos and video of the condition that caused your injury before it gets fixed.
• Gather witness information. Neighbors or guests who saw the accident can provide valuable testimony.
• Keep receipts and bills. Medical bills, therapy costs, and even transportation expenses matter for your claim.
• Consult an attorney. Don’t try to handle it on your own—associations and insurers will use every defense available.

Damages You May Recover

If your case is successful, you may be entitled to compensation for:

• Medical expenses (current and future)
• Lost wages or loss of earning capacity
• Pain and suffering
• Out-of-pocket costs related to your injuries
• Wrongful death damages (if the accident was fatal)

The amount depends on the severity of your injuries and how much your life has been impacted.

Why Choose Perez Mayoral, P.A.

At Perez Mayoral, P.A., we focus exclusively on representing homeowners and condo residents—not associations. That means we never have a divided interest.

Our attorneys combine:

• Deep knowledge of HOA and condo law. We understand exactly what associations are responsible for under Florida law, including their duties under §§ 718.113, 718.303, and 720.305.
• Experience in injury and negligent security claims. We have successfully handled slip-and-fall, trip-and-fall, and crime victim cases in the HOA and condo setting.
• Former insurance defense experience. Our shareholder founders used to represent insurance companies handling HOA injury and negligent security claims. Today, we never represent insurers or associations, but we know their tactics—and how to beat them.

This unique mix makes Perez Mayoral, P.A. the firm Florida homeowners turn to when asking, “Can I sue my HOA for injuries?”

The Bottom Line

If you’ve been injured on HOA or condo property, the association may be responsible—but you can expect them to fight your claim. Liability often comes down to whether the injury occurred in a common area, whether the association had notice of the hazard, and how their insurance policy applies. Florida law gives you tools through statutes like §§ 718.113, 718.303, and 720.305, which hold associations accountable for maintaining safe properties.

The best way to protect yourself is to act quickly, document the hazard, and speak with a lawyer who understands both HOA law and personal injury. Contact Perez Mayoral, P.A. today to schedule a consultation. We’ll review your case, explain your options, and fight to hold your association accountable.