Condo Roof Leaks: Who’s Responsible?

At Perez Mayoral, P.A., we represent condo owners throughout Florida in property damage disputes involving roof leaks. If you are having issues with roof or other leaks, or any condo or HOA legal issues, our Fort Lauderdale, FL HOA lawyer can provide legal support and guidance.

🎥 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.

The answer to the above question almost always depends on two things:
Florida law and your condo declaration.

When water starts dripping from your ceiling or soaking through your drywall, the source is often the roof or pipes in your walls. If you live in a Florida condominium and discover a roof leak, you may wonder who is responsible for repairing the damage inside your unit. Is it your job to fix the interior? Is the condo association required to cover it? What does the law actually say?

Here is what you need to know to protect your rights.

Florida Law Makes Roofs A Common Element

Under Florida Statute 718.113, condominium associations are legally required to maintain and repair the common elements. This includes the roof of the building unless your declaration clearly says otherwise. Most declarations define the roof as a part of the structure that serves all unit owners, which means the association is responsible for keeping it in good condition.

If the roof leaks, the association is generally required to:

• Repair the roof itself
• Prevent the leak from continuing
• Address any resulting damage to common elements

But the issue gets more complicated when it comes to the interior of your unit.

Who Pays For The Interior Damage?

Most associations will try to tell owners: “We’ll fix the roof, but you’re on your own for the damage inside your unit.” That response is often incorrect.

If the association failed to maintain or timely repair the roof, and that failure allowed water to enter your unit, the association may be liable for all resulting damages, including:

• Drywall, ceilings, paint, and flooring
• Mold remediation
• Damaged fixtures or appliances
• Temporary relocation costs

This is not just theory. Florida courts have consistently held that associations can be responsible for consequential damages to units when the association breaches its duty to maintain common elements like the roof.

What The Condo Declaration Says

Your condo declaration should describe who is responsible for what parts of the building. In nearly all cases, the roof is defined as a common element, and the association is required to maintain and repair it. Even if the declaration says that unit owners are responsible for maintaining the interior of their unit, that does not mean you are responsible for damage caused by the association’s failure to maintain the roof.

This distinction is critical. You are responsible for maintaining your unit under normal circumstances. But if the association’s failure caused the damage, then you may have a claim for breach of the declaration, violation of Florida law, and negligence.

The McLlenan Case: A Key Example

In the 2024 case McLlenan v. Cypress Chase North Condominium No. 4 Association, Florida’s Fourth District Court of Appeal confirmed that a condo association’s duty to repair common elements is non-delegable. The court held that even if damage originates from a unit or a shared system, the association still has a legal duty to repair and maintain common elements and can be held responsible for resulting unit damage.

The ruling makes it clear: an association cannot avoid responsibility just because the water came through someone else’s unit or because the roof failure was not intentional. If they fail to act, and that failure causes additional damage, they may be liable.

What Associations Get Wrong

We regularly see associations deny responsibility or delay repairs. Common things they say include:

• “The damage is inside your unit, so it’s your problem”
• “Your insurance should cover it”
• “We’re getting quotes” (but months pass with no repairs)

This behavior is common and often legally incorrect. The law does not allow associations to ignore roof leaks or shift all the consequences to the unit owner.

What You May Be Entitled To

If your condo has water damage from a roof leak, you may be entitled to:

• Full cost of repairs inside your unit
• Reimbursement for mold remediation
• Payment for temporary housing
• Attorney’s fees and court costs, if the association failed in its duties

We investigate the cause, review the governing documents, and hold associations accountable when they refuse to act.

Let Us Review Your Case

If your condo unit has water damage from a roof leak or other common condo problems, and the association is denying responsibility or delaying repairs, contact Perez Mayoral, P.A. We represent Florida homeowners—not associations—and we know how to get results when associations violate their legal obligations. Call or email us to schedule a consultation.