Condo Associations & Water Damage

At Perez Mayoral, P.A., we’ve spoken with thousands of Florida homeowners dealing with condo leaks. If you need help with your condo association, our Delray Beach, FL condo lawyer is here to help. Time and again, associations follow the same pattern—delay, deflect, and avoid responsibility. Here is how they do it, and why it doesn’t hold up under the law.

If you’ve reported water damage to your condo association, you’ve probably heard something like this: “Check your declaration,” “You need to file a claim with your insurance,” or “We’re still reviewing the issue.” These responses might sound official, but they are often misleading and legally incorrect.

When disputes over things such as responsibility for pipes in condo walls or other common condo issues arise, our HOA lawyer can help.

The Most Common Excuses We See

You’re Responsible For Your Unit
Associations love to point to the declaration and say that owners are responsible for everything inside their units. That is true for regular maintenance. But when the association fails to maintain a roof or pipe and that failure causes water damage, they are liable for it.

It is no different than a car crash. You maintain your car, I maintain mine. But if I crash into your car, I am responsible for the damage. The same logic applies when the association’s failure causes damage to your unit.

Just Call Your Insurance
This is one of the most frustrating responses. Yes, you have insurance, but that does not mean the responsible party is off the hook. If someone else causes the damage, they should pay. Insurance might help in the short term, but your rights go further than that.

It Came From Another Unit, Not Our Problem
When a leak comes from a neighboring unit, many associations claim it is a private issue between owners. That is not how the law works. If the water passes through shared walls, ceilings, or other common elements, the association often has a duty to act. We regularly hold associations accountable in these situations, especially when they refuse to get involved.

We’re Working On It
This is the delay tactic. Clients come to us after waiting months or even years while the association keeps saying it is gathering quotes or reviewing the issue. Meanwhile, the damage remains unrepaired, and the owner is left to deal with mold, health concerns, and rising repair costs.

What Florida Law Actually Says

Under Florida Statutes 718.113 and 718.303, the association is legally required to maintain and repair the common elements. When they fail to do that, and it causes damage to your unit, you may be entitled to:

• Repair costs
• Temporary housing expenses
• Compensation for personal property loss
• Attorney’s fees

Even if the leak originated in another unit, the association can still be liable if it failed to maintain the shared systems or refused to take appropriate action to stop the damage from continuing.

You Have Legal Options

If your condo association is refusing to take responsibility or telling you to handle it on your own, you do not have to accept that. At Perez Mayoral, P.A., we represent homeowners throughout Florida in these exact disputes. We know how to push associations to act, and when necessary, we sue them to enforce your rights. Call or email us to schedule a consultation. We only represent homeowners. Never the associations.