Can I sue my HOA or Condo Association for negligence? – Perez Mayoral

Yes, you absolutely can sue your condo or HOA for negligence—and it happens quite often. At our firm, we regularly see cases where a homeowner’s unit was damaged because the association failed to maintain the common elements, created a nuisance, or outright violated the law. To prove negligence, you’ll need to show that the association had a duty, breached that duty, and caused you damages as a result. However, many times it’s more strategic to sue for breach of the declaration (essentially a contract) or breach of statute, since those legal paths often entitle you to recover attorney’s fees—something a negligence claim may not allow. Please give us a call if you have any questions.
If you want the assistance of a lawyer in determining who’s responsible for a specific pipe issue in your condominium, please call our firm to set up a consultation. We can review your declaration, assess the specific circumstances, and provide tailored legal guidance to protect your interests.

🎥 Watch Now: 5 Things Your HOA Won’t Tell You About Property Damage

Many Florida homeowners don’t realize that their HOA’s responsibilities extend far beyond enforcing rules and collecting dues. This short video explains five key things your association won’t tell you about property damage—covering who pays for repairs, how “common elements” are defined under Florida law, and what legal rights you have when your HOA refuses to act.