Florida Condo Attorneys for Condo Owners

Yes. Condominium associations in Florida have a legal duty to maintain and repair the
common elements of the building. These typically include the roof, structural slabs,
exterior walls, drainage systems, vertical plumbing lines, shared electrical systems, and
sometimes windows, depending on the governing documents.
When the association fails to meet this duty and that failure causes damage inside your
unit, you may have a valid negligence claim. We represent unit owners seeking the full
cost of interior repairs, including drywall, flooring, cabinetry, and personal property
losses.
Associations often tell owners that anything inside their unit is automatically their
responsibility. That is incorrect. The at-fault party is legally responsible for the damage,
even if the damage is located inside the unit. We regularly help owners recover the cost
of these repairs when associations try to avoid responsibility.

It depends on the source of the damage and what your governing documents say. While
unit owners are generally responsible for the interior of their unit, associations are
responsible for maintaining and repairing the common elements.
If the damage was caused by a roof leak, a failed pipe, a deteriorated structural slab, or
another common element, then the association may be required to pay for the repairs to
your unit. That can include:
 Interior drywall, ceilings, and flooring
 Mold cleanup and remediation
 Damage to personal property
 Temporary housing or lost rental income
Florida Statute 718.113 sets out the association’s responsibility to maintain and repair
the common elements. Florida Statute 718.111(11) requires the association to insure
those elements. When associations neglect these obligations and damage results, they
can be held liable through a negligence claim or ordered by a court to make repairs.
In Amelio v. Marilyn Pines Unit II Condo. Ass’n, 173 So. 3d 1037 (Fla. 2d DCA 2015),
the court ruled that a condo owner could seek a mandatory injunction requiring the
association to fix slab-related moisture intrusion. That case confirms that associations
can be forced to comply with their obligations when they ignore needed repairs.

In certain cases, yes. Florida case law holds that an association may still be responsible

for maintaining and repairing common element components, such as drywall, even if the
cause of the leak came from another unit. These cases are fact-specific and depend on
the governing documents and nature of the damage.

If your condominium association claims you owe assessments and has recorded a lien
or filed for foreclosure, it is important to act quickly. Florida law allows associations to
place a lien on a unit for unpaid assessments and, after proper notice, file a foreclosure
action. However, many of these cases involve inflated balances, legal fees added
without proper documentation, or assessments that may be partially or fully barred by
the statute of limitations.
We frequently represent unit owners in defending against foreclosure actions and
negotiating disputes over alleged unpaid assessments. In some cases, the association
is demanding amounts the owner does not legally owe. In others, the association has
failed to follow the proper procedures before filing suit. We also review whether the
association has misapplied payments or charged interest or legal fees beyond what the
governing documents allow.
Sometimes, the issue is simply that our client needs more time or help getting onto a
reasonable payment plan. When that’s the case, we work to negotiate terms that avoid
foreclosure and protect the owner’s rights. It all depends on the facts of the case, but we
approach each situation with the goal of finding a practical resolution while preserving
your home or investment.
If you have received a demand letter, lien notice, or foreclosure lawsuit from your
condominium association, contact us right away. You may have valid defenses, and
early legal intervention often creates more options for resolving the issue without losing
your property.

Condominium associations usually carry three main types of insurance:
 Property and casualty insurance, which covers damage to common elements
caused by hurricanes, fires, and other insurable events
 General liability insurance, which covers injuries or property damage that
happen in the common areas
 Directors and officers (D&O) insurance, which protects board members when
they are accused of mismanagement or violating their fiduciary duties

Every policy is different. Some associations misrepresent the scope of their coverage.
We help unit owners review policies and push for coverage when associations or
insurers try to deny valid claims.

Our attorneys have handled hundreds of condominium-related disputes involving water
damage, negligent maintenance, special assessments, board harassment, and access
to records. We have also previously represented insurance companies, so we
understand how insurance claims work and how to push insurers to do what they are
supposed to do.

It depends on the nature of your case.
 For property damage cases, we usually work on a contingency fee basis,
meaning you do not pay unless we recover money for you
 For other types of disputes, such as selective enforcement, special assessments,
or retaliation, we charge based on an hourly rate with a refundable retainer
We are always transparent about costs and explain everything up front before you hire
us.

We help unit owners with a wide range of legal issues, including:
 Roof leaks, pipe bursts, and other property damage
 Improper or excessive special assessments
 Denied access to financial records or board materials
 Unequal or selective enforcement of rules
 Retaliation, harassment, or discrimination by board members or managers
 Illegal or improperly applied leasing restrictions
 Damage caused by neighbors that the association fails to address
 Personal injury or unsafe conditions in the common areas

We begin by reviewing the governing documents and identifying whether the
association has failed to follow the law or its own rules. Depending on the situation, we
may send a demand letter, negotiate a resolution, file a lawsuit, or ask a court to order
the association to comply.

Whether it involves recovering damages, enforcing access rights, or challenging board
decisions, we guide our clients through the process and work to get results.

At Perez Mayoral, P.A., we represent unit owners only. Never associations.
Most law firms in Florida that practice “HOA law” actually represent the associations, not
the homeowners. That leaves many owners without a clear path to legal help. This is
where we come in.
We help unit owners take legal action when their rights are violated or their property is
damaged due to an association’s failure to act. Our firm provides aggressive, strategic
representation focused on holding condominium associations accountable under Florida
law and the governing documents. Whether your case involves water damage,
insurance delays, unfair treatment, or board misconduct, we are here to help you
enforce your rights and protect your investment.