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Florida Condo Attorneys for Condo Owners

We Fight for Homeowners Against HOAs and Condo Associations

At Perez Mayoral, P.A., we proudly represent homeowners only – never HOAs or condominium associations. When your HOA or condo association crosses the line, our attorneys are here to fight for you, protect your rights, and help you take back your peace of mind.

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Risks of Not Hiring a Breach of Contract Lawyer - Missed Opportunities For Resolution

Common Homeowners Association Issues

In Florida
Homeowners Association’s Duty to Maintain and Repair

Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.

If you are experiencing property damage or safety hazards due to your HOA’s failure to maintain and repair common areas or elements, our attorneys can help. We work diligently to hold HOAs accountable and ensure they fulfill their maintenance obligations to keep your community safe and well-maintained.

Property Damage Caused by HOA Negligence

Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.

If you are experiencing property damage or safety hazards due to your HOA’s failure to maintain and repair common areas or elements, our attorneys can help. We work diligently to hold HOAs accountable and ensure they fulfill their maintenance obligations to keep your community safe and well-maintained.

HOA Governance & Transparency Issues

Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.

If you are experiencing property damage or safety hazards due to your HOA’s failure to maintain and repair common areas or elements, our attorneys can help. We work diligently to hold HOAs accountable and ensure they fulfill their maintenance obligations to keep your community safe and well-maintained.

HOA Rule & Covenant Enforcement Disputes

Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.

If you are experiencing property damage or safety hazards due to your HOA’s failure to maintain and repair common areas or elements, our attorneys can help. We work diligently to hold HOAs accountable and ensure they fulfill their maintenance obligations to keep your community safe and well-maintained.

HOA Assessment Disputes

Disputes over HOA assessments can occur when homeowners believe the charges are unjustified or excessive. These disputes often arise from a lack of transparency in how fees are calculated or spent, with homeowners questioning the necessity of certain assessments or how funds are being used, especially if the HOA fails to provide detailed financial reports or explanations.

Our firm has extensive experience in dealing with HOA assessment disputes and can assist you in challenging unfair or excessive fees. We work to protect your financial interests and ensure fair treatment under HOA regulations, helping you navigate the complex rules surrounding assessments.

Architectural Control Disputes

Many HOAs have architectural control committees that review and approve changes or additions to properties. Disputes arise when homeowners feel these committees are acting arbitrarily or unreasonably in denying or modifying requests, or when there are disagreements over the interpretation of community standards and guidelines. Homeowners may feel that their property improvements are being unfairly restricted or that the HOA is overstepping its authority.

If you are facing a dispute over architectural changes, our attorneys can help you navigate the approval process and challenge any unreasonable denials. We advocate for your right to make improvements to your property in compliance with community standards, ensuring fair treatment for all homeowners.

Selective Enforcement, Discrimination & Harassment

HOAs are obligated to enforce rules fairly and without discrimination, but issues can arise when associations engage in selective enforcement or discriminatory practices, such as imposing rules on certain homeowners while ignoring the same violations by others. Discrimination and harassment by board members or neighbors can also lead to legal action, especially if based on race, ethnicity, religion, or other protected characteristics.

Our attorneys are well-versed in laws protecting homeowners from discrimination and harassment. If you are experiencing unfair treatment or selective enforcement from your HOA, we are here to provide the legal support you need to ensure your rights are protected.

Neighbor Disputes

Disputes between neighbors in HOA communities can range from noise complaints to property boundary issues, and these conflicts can escalate when HOAs fail to enforce community rules impartially or do not effectively mediate. When direct resolution efforts fail or when the HOA does not adequately address the situation, legal intervention may become necessary to restore community harmony.

Our firm has substantial experience in resolving neighbor disputes in HOA communities. We work to find fair and effective solutions that protect your rights and maintain community harmony, ensuring that all parties are treated fairly.

Accidents & Personal Injuries

Inadequate maintenance of common areas by an HOA can lead to accidents and personal injuries, such as slip-and-fall incidents due to poorly maintained walkways or injuries resulting from inadequate security measures. If the HOA’s negligence in maintaining safety measures directly contributes to accidents, homeowners may be entitled to compensation for medical expenses, lost wages, and other damages.

If you’ve been injured due to the negligence of your HOA, our attorneys can help you pursue compensation for medical expenses, lost wages, pain and suffering, and other related damages. We are committed to holding HOAs accountable for maintaining safe community environments.

Video Resources

FOR FLORIDA HOMEOWNERS

If you are experiencing property damage or safety hazards due to your HOA’s failure to maintain and repair common areas or elements, our attorneys can help. We work diligently to hold HOAs accountable and ensure they fulfill their maintenance obligations to keep your community safe and well-maintained.

How We Help People in Their Disputes with HOAs (with Attorney Erik Perez)
How We Help People in Their Disputes with HOAs
How Can I Request Records From My HOA, and What Are My Rights if They Refuse
Can I sue my HOA or Condo Association for negligence
Can I sue my condominium property management company
Can a condo board require access to my unit for inspections
What are my rights if my condo association fails to repair water damage
How do I address conflicts over shared amenities with other condo owners
What are my rights regarding challenging a special assessment.
What should I know about renting out my condo unit
Can I file a lawsuit against an individual board member of my HOA
Can an HOA restrict the type of landscaping I install on my property
Can my HOA sue me for violating the community's rules
Can my HOA raise fees without a vote from the members
What should I do if I believe my HOA is discriminating against me
What are the most common HOA rules that homeowners misunderstand
How does the Florida law protect homeowners in disputes with their HOA
Can an HOA regulate the exterior appearance of my home
Can an HOA impose restrictions on my property without my consent
Can an HOA regulate the exterior appearance of my home
Can an HOA restrict short-term rentals in Florida
How do I challenge an unfair HOA election process
How do I handle disputes over property boundary lines with my HOA
How can homeowners collectively challenge a problematic HOA rule
What should a homeowner know about a declaration in an association
Why do I need an attorney for a denied insurance claim
What steps can I take if my HOA is not transparent with its financials
How can I challenge an unfair assessment or fine imposed by my HOA
What should I do if my HOA is trying to foreclose my property
How can homeowners handle denied insurance claims
What is most important for someone to know who is living under an HOA

How We Help People in Their Disputes with HOAs - with Attorney Erik Perez

How We Help People in Their Disputes with HOAs - with Attorney Michael Mayoral

What recourse do I have if my HOA fails to maintain common areas?

How can I request records from my HOA, and what are my rights if they refuse?

What are the most common reasons for disputes between homeowners and HOA boards?

Can I sue my HOA or Condo Association for negligence?

Can I sue my condominium property management company?

Can a condo board require access to my unit for inspections?

What are my rights if my condo association fails to repair water damage?

How do I address conflicts over shared amenities with other condo owners?

What are my rights regarding challenging a special assessment?

What should I know about renting out my condo unit?

Can I file a lawsuit against an individual board member of my HOA?

Can an HOA restrict the type of landscaping I install on my property?

Can my HOA sue me for violating the community's rules?

Can my HOA raise fees without a vote from the members?

What should I do if I believe my HOA is discriminating against me?

What are the most common HOA rules that homeowners misunderstand?

How does the Florida law protect homeowners in disputes with their HOA?

Can an HOA regulate the exterior appearance of my home?

Can an HOA impose restrictions on my property without my consent?

Can an HOA regulate the exterior appearance of my home?

Can an HOA restrict short-term rentals in Florida?

How do I challenge an unfair HOA election process?

How do I handle disputes over property boundary lines with my HOA?

How can homeowners collectively challenge a problematic HOA rule?

What should a homeowner know about a declaration in an association?

Why do I need an attorney for a denied insurance claim?

What steps can I take if my HOA is not transparent with its financials?

How can I challenge an unfair assessment or fine imposed by my HOA?

What should I do if my HOA is trying to foreclose my property?

How can homeowners handle denied insurance claims?

What is most important for someone to know who is living under an HOA?

Contact us today for a case review.

HOA troubles turning your dream home into a nightmare? From maintenance failures and excessive fines to neighbor disputes, discrimination, and board governance issues, Perez Mayoral, P.A. is here to help. Our experienced attorneys will protect your homeowner rights and resolve your HOA conflicts. Don’t let these problems persist.

Learn How We Can Help
Commercial Leases

Frequently Asked Questions

About HOA Claims
Can I sue my HOA or Condominium Association for negligence in Florida?

Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.

If you are experiencing property damage or safety hazards due to your HOA’s failure to maintain and repair common areas or elements, our attorneys can help. We work diligently to hold HOAs accountable and ensure they fulfill their maintenance obligations to keep your community safe and well-maintained.

Is my HOA or Condominium Association responsible for repairing damage to my home?

The responsibility of an HOA or Condominium Association in Florida for repairing damage to your home largely depends on the nature of the damage, the cause of the damage, and the governing documents of the community. Here’s a breakdown based on different scenarios and legal frameworks:

  • General Liability Principles: While the unit owners generally bear the responsibility for repairing damages within their own units, there are scenarios where the Association may be held liable. If the Association’s negligent repair and maintenance of common elements like the roof, walls, or pipes within the building caused property damage to individual units, then the Association may be liable to repair and/or pay for the repairs to the affected units. This liability could extend to covering costs such as lost rent if the unit was being rented out, expenses for alternative housing if the unit becomes uninhabitable, and compensation for lost personal property due to the damage. It’s the Association’s duty to maintain, repair, and replace common elements or other specified items as per the governing documents and Florida law, and failure to do so diligently can result in liability towards the unit owners for the ensuing damages.
  • Negligence Claims: If the damage to your home arises from the negligence of the HOA or Condominium Association, particularly due to their failure to repair, maintain, or replace common elements like roofs, walls, or pipes which then result in issues such as water intrusion or other types of damage, you may have grounds to pursue a negligence claim against the association. In such cases, the association may be held liable for the repairs and/or the cost of repairs to the affected units. This liability might also extend to covering related costs such as lost rent, alternative housing expenses, and the replacement of lost personal property caused by the damage.
  • Injunctions: In cases where the association neglects its duties as stipulated in the governing documents, unit owners can potentially seek an injunction against the association, compelling them to comply with their duties and obligations under the governing documents. For instance, if there’s excessive moisture intrusion due to issues with common elements which the association is responsible to maintain, unit owners can seek legal recourse to compel the association to address the issue. Unit owners can potentially sue seeking an injunction against the Association, where a court essentially orders an association to comply with their duties and obligations under the governing documents. A case that encapsulates this is Amelio v. Marilyn Pines Unit II Condo. Ass’n, 173 So. 3d 1037 (Fla. 2d DCA 2015). In this case, the Amelios brought a suit against their Condominium Association for failing to address excessive moisture intrusion in their unit, which was linked to issues with the floor slab—a responsibility of the Association to repair and maintain as per the governing condominium documents. The case underscores that unit owners have a right to seek mandatory injunctions against their Association to compel them to fulfill their obligations as stipulated in the governing documents, particularly when the neglect results in irreparable harm and when there’s no adequate remedy at law. Through such injunctions, unit owners can legally press for corrective action through the courts, ensuring the Association adheres to its maintenance and repair obligations to prevent further damage or harm.
  • Statutory framework: In Florida, the statutes provide a comprehensive legal framework outlining the responsibilities of HOA and Condominium Associations concerning the maintenance, repair, and insurance of common elements. Specifically, Section 718.111(11) mandates that the association is responsible for insuring the common elements, outlining the insurance coverage requirements including property insurance for all common elements. If a casualty event like a hurricane, fire, or flood causes damage, the association’s insurance may cover the repairs. The liability of the association and unit owners is also determined based on whether the damage was caused by an insurable event or other causes like normal wear and tear or intentional and negligent acts. On the other hand, Section 718.113 emphasizes the association’s duty to maintain the common elements. If the association neglects this duty and a failure to maintain common elements like roofs, walls, or pipes leads to damage in individual units, the association may be held liable for the repairs. This section also outlines the association’s responsibility for certain elements like hurricane shutters, impact glass, code-compliant windows or doors, etc., if stipulated as such in the declaration of condominium. Furthermore, if the negligence in maintaining common elements causes damage making the unit uninhabitable, the association might be liable for the consequences. These statutes collectively create a framework under which the associations operate, and deviations from these stipulated responsibilities can lead to legal repercussions. The specific obligations and liabilities may also be influenced by the governing documents of the individual community. Hence, understanding the interplay between the Florida Statutes and the community’s governing documents is crucial for both the associations and the unit owners to ensure compliance and address issues related to repairs and maintenance adequately.

Given the intricacies of the legal frameworks and the potential variance in governing documents across different HOA and Condominium Associations, it is highly advisable for individuals facing such issues to hire an attorney experienced in HOA and Condominium litigation to navigate this legal domain effectively.

What types of claims are typically covered by HOA insurance?

HOA and Condominium Associations typically carry various insurance policies for different purposes to safeguard both the association and the community against a range of potential issues and liabilities. Here are the typical types of insurance they carry:

  • Property and Casualty Insurance: This insurance is carried to protect the general community and association property against insurable events such as hurricanes or fires. It covers damages to common areas or shared structures (e.g., buildings, community pools, clubhouses, sidewalks) caused by events like fires, storms, or vandalism.
  • Directors and Officers (D&O) Liability Insurance: This insurance, often referred to as Errors and Omissions Insurance, is meant to protect the directors and officers of the association in case they are sued for breaches of fiduciary duty or errors in the commission of their acts as board members. It’s designed to cover claims against HOA board members or officers for alleged negligence, mismanagement, or other actions that could be seen as failures in their duties.
  • General Liability or Commercial General Liability Insurance: This insurance is to protect the association against negligence claims. These claims can arise from the association’s failure to maintain common elements, leading to property damage to unit owners or claims for personal injuries to unit owners and members of the public occurring on association property.

It’s crucial to note that the coverage details may vary depending on the specific HOA and COA insurance policy as well as the governing documents of the individual community. Therefore, it’s always advisable to review your association’s documents and insurance policy to confirm the coverage details and understand the extent of protection provided against different types of claims and liabilities.

How experienced is the legal team at Perez Mayoral in handling HOA claims?

We have significant experience dealing with HOA claims, so we are well-prepared to help homeowners with problems involving their HOAs and condominium associations. Some important things to know about our experience are:

  • Diverse experience: Our lawyers successfully litigated on behalf of homeowners with many different claims, such as property damage, breaches of fiduciary duty, defamation, and shareholder derivative actions.
  • Unique viewpoint: Since our legal team used to represent associations and insurance companies, they have the essential knowledge about how HOAs, condominium associations, and their insurers work. This helps them understand how associations operate, which can be helpful when fighting for homeowners.
  • Focusing on homeowners: Our attorneys now only represent homeowners, demonstrating our dedication to protecting homeowners’ rights and interests in disagreements with their associations. We have significant experience dealing with HOA claims, so we are well-prepared to help homeowners with problems involving their HOAs and condominium associations.
What is the average cost of hiring an attorney specializing in HOA and COA disputes?

The type of claim determines the appropriate fee structure for our legal services. Most of our practice focuses on representing homeowners and condominium owners who have experienced property damage due to their association’s failure to maintain and repair “common elements” like roofs, windows, water lines and pipes, balconies, and other association property. Generally, we handle these cases on a “contingency” basis, meaning we only get paid if we recover compensation for our clients.

For matters involving rule enforcement, selective enforcement, disputes with association board members, violations of the association’s covenants, discrimination, harassment, conflicts between neighbors, or other related issues, we typically work on a refundable retainer basis. This means that our clients pay for the work we do on the case hourly rather than a flat fee. The retainer for each matter is determined based on the projected amount of work requested by the client.

What types of disputes can be brought to an attorney specializing in HOA and COA disputes?

Attorneys specializing in HOA and COA disputes handle conflicts between homeowners and their associations, whether they are homeowners’ associations or condominium associations. These disputes can range from minor issues, such as payment of dues, to more complex matters, such as interpreting rules and regulations or enforcing covenants. These attorneys can help to resolve a wide range of issues, including but not limited to violation of association bylaws and regulations, breach of contract, disputes over property boundaries or ownership rights, failure to pay dues or assessments on time, and harassment from other members. Our practice focuses on representing homeowners experiencing property damage due to the association’s failure to maintain and repair common elements.

How can an attorney specializing in HOA and COA disputes help with these conflicts?

Disputes between associations and homeowners can arise due to various issues, such as failure to comply with rules and regulations or disagreements over assessments. In such cases, an attorney specializing in HOA and COA disputes can significantly assist in providing legal advice and resolving disputes. These attorneys can help by reviewing the association’s governing documents, researching applicable laws, negotiating settlements, and, if necessary, representing the homeowner in court. With their expertise in association law and dispute resolution strategies, attorneys specializing in HOA and COA disputes are invaluable for resolving conflicts between homeowners and their associations, particularly when it comes to addressing property damage caused by the association’s failure to maintain and repair common elements like roofs, water lines and pipes, windows, balconies, and other association property. By working closely with homeowners and utilizing their extensive knowledge of the legal system, these attorneys can help secure fair compensation for damages and ensure that associations are held accountable for their responsibilities to maintain and repair common elements within the community.

How does Perez Mayoral help homeowners with their HOA claims?

Florida experiences a shortage of law firms that represent homeowners against their associations. While numerous “HOA Attorneys” can be found online, most exclusively represent HOAs. Only a handful of law firms that represent homeowners in disputes with their associations possess the necessary knowledge, skill, and litigation experience to effectively enforce their clients’ rights and achieve results. We are one of the few firms with skilled civil litigators and trial attorneys prepared to handle various potential claims. At Perez Mayoral, we help homeowners enforce their rights against their associations by providing top-notch legal representation for all the aforementioned matters. Our dedication to representing homeowners against their associations sets us apart from Florida’s other law firms.

Condominium Water Damage Claims

Legal Guidance for Florida Condominium Water Damage Claims

At Perez Mayoral, P.A., we are dedicated to representing homeowners in disputes with their condo associations, HOAs, other unit owners, and insurance companies. Our attorneys are highly experienced in managing water damage claims, ensuring that clients receive the compensation and repairs they deserve by law.

Table of Contents
  1. Legal Guidance for Florida Condominium Water Damage Claims
    1. Does Condo Insurance Cover Water Damage?
    2. Understanding Condo Insurance Coverage for Water Damage
    3. Options for Water Damage Compensation
    4. Beyond Your Insurance: Understanding Condo Association Responsibilities
    5. Is It the Association’s or My Responsibility to Pay for Repairs to the Inside of My Unit?
    6. Dealing with Water Damage from Neighboring Units
  2. Common Sources of Water Damage to Condos
    1. Roof Leaks
    2. Pipe Leaks
    3. Exterior Wall/Stucco Leaks
    4. Drain/Sewer Pipe Backups
    5. Appliance Leaks and Bursts
    6. Adjacent Unit Issues
  3. Frequently Asked Questions
    1. The Importance of Legal Representation

Does Condo Insurance Cover Water Damage?

Water damage in condominiums can be a complex and frustrating issue for unit owners. While condo insurance typically provides some coverage for water damage, the extent of that coverage and the parties responsible for repairs can vary significantly depending on the source and nature of the damage. As a condo owner, it’s crucial to understand not only your insurance coverage but also your rights against your condo association, neighboring unit owners, and other potentially responsible parties.

We at Perez Mayoral, P.A. are dedicated to assisting condominium unit owners with water damage claims every day. Our goal is to help you navigate the often confusing landscape of condo insurance, association responsibilities, and legal rights. This guide will explore the key aspects of water damage coverage in condos and highlight important considerations for protecting your property and interests.

Understanding Condo Insurance Coverage for Water Damage

Condo insurance policies typically cover certain types of water damage within your unit. However, the specifics can vary, so it’s essential to review your policy carefully. Generally, condo insurance may cover water damage resulting from:

  1. Sudden and accidental plumbing issues (e.g., burst pipes)
  2. Malfunctioning appliances or HVAC systems
  3. Water damage from units above or adjacent to yours

It’s important to note that condo insurance usually doesn’t cover:

  1. Flood damage (separate flood insurance is required)
  2. Gradual water damage due to lack of maintenance
  3. Sewer or drain backups (unless you have specific additional coverage)

While these guidelines are common, insurance policies can differ. Always consult your specific policy and insurance provider for detailed information about your coverage.

Options for Water Damage Compensation

When facing water damage in your condominium unit, it’s important to consider all potential avenues for compensation. While your individual insurance policy may provide coverage for certain types of water damage, it’s crucial to look beyond just your own insurance. Before filing a claim, consider the following:

  1. Insurance Coverage: Review your policy to understand what types of water damage are covered. Be aware that making a claim may impact your future premiums.
  2. Identifying Responsible Parties: Water damage often originates from sources outside your unit. Potential at-fault parties may include:
    • The condominium association (for damages from common elements like roofs or exterior walls)
    • Neighboring unit owners (for leaks originating in their units)
    • Contractors (for damages resulting from faulty work)
  3. Association Responsibility: Your condo association may be liable for damages caused by their failure to maintain common elements.
  4. Legal Options: If another party is at fault, you may have the right to pursue compensation from them rather than filing an insurance claim.
  5. Professional Assistance: A law firm experienced in condominium law can help identify responsible parties and pursue appropriate compensation, potentially saving you from unnecessary insurance claims and out-of-pocket expenses.

By thoroughly investigating the cause of the damage and understanding your rights, you can make informed decisions about how to proceed with repairs and compensation. This approach may help you avoid unnecessary insurance claims and protect your long-term financial interests.

If you find yourself in a situation where the responsibility for water damage repairs is unclear, Perez Mayoral, P.A. can assist. We handle claims and cases throughout the state of Florida. Contact us for a consultation or case review through our contact form above, email us at [email protected], or call us at (786) 751-5760.

.Can The Condominium Association Change The Rules And Regulations Without Owner Approval

Beyond Your Insurance: Understanding Condo Association Responsibilities

A critical aspect that many condo owners overlook is the responsibility of the condo association in cases of water damage. In many instances, the association may be legally obligated to cover repairs if the water damage originates from or through common elements. Common scenarios where the association might be liable include:

  1. Roof leaks affecting units below
  2. Exterior wall or stucco cracks and deterioration leading to water intrusion
  3. Leaks in pipes serving multiple units (e.g., common drain pipes)
  4. Any other leaks originating from common elements

In these cases, the association is generally legally liable due to their duty to maintain, repair, and replace common elements. This responsibility is typically outlined in both the Declaration of Condominium and the Florida Condominium Act. When the association breaches this duty, unit owners have the right to pursue a claim against the at-fault condominium association. Understanding this legal framework is crucial for protecting your rights as a condo owner.

If you find yourself in a situation where the responsibility for water damage repairs is unclear, Perez Mayoral, P.A. can assist. We handle claims and cases throughout the state of Florida. Contact us for a consultation or case review through our contact form above, email us at [email protected], or call us at (786) 751-5760.

Is It the Association’s or My Responsibility to Pay for Repairs to the Inside of My Unit?

This question often arises when condo owners face water damage, and the answer isn’t always straightforward. Many associations attempt to simplify the issue by telling unit owners that any repairs to the inside of their units are solely their responsibility, regardless of the source of the water damage. They may even cite the condo declaration as evidence, claiming that everything within the unit boundaries falls under the owner’s financial responsibility.

However, this blanket statement can be misleading and doesn’t tell the whole story. While unit owners are generally responsible for maintaining the interior of their units under normal circumstances, this doesn’t absolve the association of liability when their negligence in maintaining common elements causes damage to individual units.

For example, if the association’s failure to properly maintain the roof results in a leak that damages your unit’s ceiling and walls, they can be held legally liable for the resulting damage and repair costs. It’s important to understand that as a unit owner, you typically don’t have the legal right to repair common elements like the roof yourself, even if you wanted to. This limitation further emphasizes the association’s responsibility for damages originating from these areas.

The association’s duty to maintain common elements doesn’t stop at your unit’s boundary. They can be held accountable for damages their negligence causes within your unit. This means that while you’re responsible for general interior maintenance and repairs due to normal wear and tear or your own negligence, you may not be responsible for damages caused by the association’s failure to maintain common elements.

If you find yourself in a situation where the responsibility for water damage repairs is unclear, Perez Mayoral, P.A. can assist. We handle claims and cases throughout the state of Florida. Contact us for a consultation or case review through our contact form above, email us at [email protected], or call us at (786) 751-5760.

Dealing with Water Damage from Neighboring Units

Another common scenario is water damage caused by leaks or accidents in neighboring units. For example, an overflowing bathtub or a malfunctioning washing machine in an upstairs unit could cause significant damage to your ceiling and walls. In such cases:

  1. The unit owner where the leak originated may be liable for the damages.
  2. Your condo insurance might initially cover your repairs, then seek reimbursement from the responsible party’s insurance.
  3. If the neighboring owner is uninsured or underinsured, you may need to pursue legal action to recover damages.

Taking on these situations yourself can be challenging, especially when dealing with neighbors and potentially conflicting accounts of what happened. Perez Mayoral, P.A. is here to help. We handle claims and cases throughout the state of Florida. For a consultation or case review, please reach out through our contact form above, email us at [email protected], or call us at (786) 751-5760.

Miami Water Damage Lawyer

Common Sources of Water Damage to Condos

Roof Leaks

Roof leaks can cause significant damage to condo units, especially those located on the top floors. These leaks often result from poor maintenance, storm damage, or aging roofing materials. Our team can help you determine if your condo association is liable for roof-related water damage. Contact us today for a free consultation.

Our team can help you determine if your condo association is liable for roof-related water damage.

Contact us today for a free consultation.

Pipe Leaks

Burst or leaking pipes can lead to extensive water damage in condos, often affecting multiple units. These leaks may originate from within your unit, from another unit, or from common areas maintained by the association.

Our team can assess the situation and help you pursue a claim against the responsible party

Contact us today for a free consultation.

Exterior Wall/Stucco Leaks

Water intrusion through exterior walls or stucco can result in hidden damage that may go unnoticed until significant issues arise. This type of leak often requires specialized investigation to pinpoint the source and extent of the damage.

Let us help you navigate your claim and hold the responsible party accountable.

Contact us today for a free consultation.

Drain/Sewer Pipe Backups

Backups in drain or sewer pipes can cause severe water damage and pose health hazards. These issues typically stem from blockages or maintenance failures in common areas.

Our firm can assist you in determining liability and securing the necessary repairs.

Contact us today for a free consultation.

Appliance Leaks and Bursts

Faulty or aging appliances, such as dishwashers, washing machines, and water heaters, can leak or burst, causing water damage. Identifying whether the responsibility lies with a unit owner or the association is crucial.

We can help you understand your rights and pursue appropriate compensation.

Contact us today for a free consultation.

Adjacent Unit Issues

Water damage can also originate from neighboring units due to overflows, leaks, or poor maintenance. Determining liability in these cases can be complex, but our experienced attorneys can guide you through the process and ensure your rights are protected.

Contact us today for a free consultation.

Your Rights as a Condo Owner

Frequently Asked Questions

Does Condo Insurance Cover Water Damage?

Condo insurance may cover water damage depending on the policy details and the source of the damage. It’s essential to review your insurance policy and consult with counsel to understand your coverage.

Who is Responsible for Water Damage to Condos?

Responsibility for water damage often depends on the source of the damage and the terms of the governing documents. Our team can help you determine liability and pursue appropriate action.

Can I Sue My HOA or Condo Association for Water Damage to My Home?

Yes, if your HOA or condo association has failed to maintain common areas or elements, resulting in water damage, you may have grounds to sue. Our attorneys can evaluate your case and advise you on the best course of action.

Is My Neighbor, or an Adjacent Unit, Responsible for Water Damage to My Unit?

If water damage originates from an adjacent unit due to negligence or maintenance issues, the neighboring unit owner may be responsible. We can help you navigate these complex situations and seek compensation.

Can I Sue My HOA or Condominium Association for Their Failure to Maintain the Community or Buildings?

Yes, if the association’s failure to maintain the community or buildings leads to damage, you may have a valid claim. Our firm has extensive experience in holding associations accountable for their responsibilities.

What Types of Claims Are Typically Covered by My Association’s Insurance?

Association insurance typically includes various policies, such as property and casualty insurance and general liability insurance. Property and casualty insurance generally covers physical damage to common areas and elements, such as hurricane damage, fire damage, and other casualty events. If your condo experiences water damage due to these issues in common areas, this insurance may cover the necessary repairs.

General liability insurance may cover the association’s negligence, such as failure to maintain common elements that lead to water damage or property damage within a unit. Specific coverage details depend on the policy terms and governing documents. We can help you understand what is covered by your association’s insurance and assist you in filing a claim to ensure you receive the necessary compensation and repairs.

How Experienced is the Legal Team at Perez Mayoral in Handling Condo Water Damage Claims?

Our legal team has extensive experience in handling condo water damage claims, with a proven track record of successfully representing homeowners in disputes with their associations.

How Does Perez Mayoral Help Homeowners with Their Water Damage Claims?

We provide comprehensive legal support, including case evaluation, evidence gathering, and aggressive representation to ensure our clients receive the compensation and repairs they deserve.

The Importance of Legal Representation

At Perez Mayoral, P.A., we’re committed to helping condo owners navigate these complex issues. If you’re facing water damage in your condo and encountering difficulties with your insurance claim or association response, don’t hesitate to seek professional legal advice. Our knowledge in this area can make a significant difference in protecting your rights and ensuring fair compensation for damages. Feel free to contract us for a consultation

When it comes to water damage in condos, your insurance policy is just one piece of the puzzle. Understanding your rights against your association, neighbors, and other potentially responsible parties is key to fully protecting your property and interests. For assistance, contact Perez Mayoral, P.A. We handle claims and cases throughout the state of Florida. Reach out for a consultation or case review through our contact form, email us at [email protected], or call us at (786) 751-5760.

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