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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Miami, Florida business litigation lawyer

Common Property Damage Disputes

in Florida Condominiums

Failure to Maintain Common Elements

Associations and unit owners have different responsibilities for maintaining various parts of the building. Unit owners are typically responsible for everything inside their own unit, while associations are generally responsible for maintaining and repairing the common elements. Problems arise when an association fails to maintain a common element and it causes damage to a unit, or when another unit owner fails to maintain something inside their unit, such as an appliance or plumbing fixture, that results in damage to a neighboring unit.

In these situations, we help our clients pursue the at-fault party for the damage caused. That may mean suing the association, the neighboring owner, or both.

Under Florida Statute 718.113(1), associations are required to maintain the common elements. The Florida courts have consistently held associations liable for failing to fulfill this duty. In McLlenan v. Cypress Chase North Condo No. 4 Ass’n, Inc., 387 So. 3d 321 (Fla. 4th DCA 2024), the court confirmed that the space between unfinished ceilings and floors, and between shared walls of two units, are part of the common elements and must be maintained by the association, even if the damage was caused by another unit.

We offer free consultations in property damage cases, including water intrusion and leak claims. During that consultation, we review your governing documents and help determine your legal options.

Water Leaks from Roofs and Plumbing

Leaks from roofs and exterior walls are usually the responsibility of the association because they are part of the building’s exterior shell, which is almost always a common element. When it comes to plumbing lines and windows, the answer depends on what the declaration of condominium says. Sometimes the association is responsible, and sometimes the unit owner is. Determining who is legally obligated to fix the damage often requires a review of the governing documents, which we do as part of our free consultation.

In the Jens and Jamie Baker v. Ocean Reef Villas Association case (DBPR Case No. 2024-01-4868), the association was held liable for failing to properly locate and fix a water leak, resulting in continued damage to the unit. Similarly, in McLlenan, the court found that water intrusion through the slab and shared walls was the responsibility of the association, not the unit owners.
We regularly handle these types of cases and help owners recover the full cost of repairs.

Mold and Interior Unit Damage

Once a leak occurs, mold often follows. We identify the responsible party and pursue claims for:

Mold remediation
Repair or replacement of drywall, flooring, cabinets, and ceilings
Temporary housing or loss of use
Any additional repairs necessary to return the unit to its original condition

We typically bring these cases under theories of negligence, breach of the declaration, and violation of the Florida Condominium Act.

Delayed or Inadequate Repairs

We represent unit owners whose associations are delaying repairs or failing to complete them properly. This includes situations where an association refuses to:

Fix a leaking roof
Repair exterior stucco cracks
Replace damaged windows or flashing
Make hurricane-related repairs

We’ve seen owners left waiting over a year after a hurricane while their unit remains damaged. When associations fail to act, we pursue injunctions to force them to make repairs, and we sue for damages caused by the delay.

Neighbor-Caused Leaks

Sometimes water damage originates in a neighboring unit, due to a failed water heater, leaking shower pan, or AC line. In those cases, depending on the facts, we may sue the neighbor, the association, or both.

In McLlenan, the court emphasized that even when the leak comes from another unit, the space between units is part of the common elements and the association is responsible for damage to those areas. These disputes often depend on both causation and the allocation of maintenance duties in the governing documents.

Fire Damage Claims

We handle cases involving fire damage to units caused either by the association’s negligence or by its failure to promptly repair the damage. This includes claims for smoke damage, water damage from fire suppression efforts, and full reconstruction of the unit interior.

Termite Damage

When associations fail to inspect for or treat termite infestations, and that failure results in structural or interior damage, we help owners recover repair costs. This includes drywall, framing, trim, cabinetry, and other interior finishes. Associations are often liable for damages caused by their failure to act quickly or properly.

Foundation and Structural Cracks

We sue associations when their failure to maintain proper drainage or structural integrity results in cracked slabs, uneven floors, or foundation shifts. These issues are often tied to roof or gutter problems, poor waterproofing, or failure to repair structural concrete.

We seek compensation for the damage inside the unit, flooring, baseboards, walls, as well as injunctive relief to force the association to address the foundation problem itself.

Incidental Damage Caused by Association Repairs

Sometimes associations damage units while making repairs to other parts of the building. This includes projects involving tension rods, structural reinforcements, or even tenting for termites. If your unit was damaged in the process, we can sue for:

Restoration of all affected areas
Compensation for temporary relocation or inconvenience
Enforcement of any repair obligations found in the governing documents

We have handled numerous cases where associations caused extensive damage while trying to repair common elements, and then refused to fix what they broke. We don’t let them get away with it.

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.

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

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

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

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

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

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.

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Frequently Asked Questions

About Condominium Water Damage and Property Damage Claims in Florida

Can I sue my condominium association for water damage to my unit?

Yes. If the water damage was caused by the failure of a common element, such as the roof, structural slab, exterior walls, or shared plumbing lines, you may have a legal claim against the association. Under Florida Statute 718.113(1), the association is responsible for maintaining and repairing common elements. When they fail to do so, and that failure causes damage to your unit, you may be entitled to full compensation.
In McLlenan v. Cypress Chase North Condo No. 4 Ass’n, Inc., 387 So. 3d 321 (Fla. 4th DCA 2024), the court held that spaces between walls, ceilings, and floors separating two units are common elements. That means associations can be held liable for damage caused by leaks or failures in those areas, even if the original source was another unit.

We help unit owners bring claims for negligence, breach of the declaration, and violation of the Florida Condominium Act. These claims often include interior repairs, mold remediation, and costs related to temporary housing.

Is the association responsible for plumbing or window leaks?

It depends. Roofs, exterior walls, and the overall building shell are usually common elements and therefore the association’s responsibility. Plumbing lines and windows, however, vary depending on what the declaration of condominium says. In some communities, those items are the association’s duty to maintain. In others, they’re the unit owner’s responsibility.

We review your governing documents during our free consultation to determine who is legally responsible.

What if the leak started in another unit, can I still sue the association?

Sometimes, yes. Even if a neighboring unit is the source of the water intrusion, the association may still be responsible if any part of the damage affects a common element. In many buildings, the area inside a wall or between floors serves multiple units and is considered common property.
In the Jens and Jamie Baker case (DBPR Case No. 2024-01-4868), the association was held liable for misdiagnosing a leak that continued for weeks and caused serious interior damage. These cases often involve multiple parties, and we determine whether to pursue the neighbor, the association, or both.

What if the association refuses to repair hurricane or storm damage?

We’ve seen many associations delay necessary repairs following hurricanes or major storms, sometimes for over a year. If your unit remains damaged or uninhabitable because the association won’t repair the roof, exterior walls, or other common elements, you may have a claim for damages or an injunction to force the repairs.

We regularly handle cases where owners are left in limbo while associations delay storm recovery. We step in to compel action and recover the full cost to restore your unit.

Can I recover costs for mold and repairs inside my unit?

Yes. If the association or another owner is responsible for the damage, we help you recover:

Mold remediation
Repair of drywall, ceilings, baseboards, cabinetry, and flooring
Out-of-pocket expenses
Temporary housing or hotel stays
Lost rental income

Our goal is to get your unit restored to its original condition and ensure you’re compensated for all the disruption and damage.

What if termite damage spreads into my unit?

If the association fails to properly inspect for or treat termites and the infestation spreads into your unit, we can pursue a claim for negligence and breach of the declaration. Associations are often responsible for structural components affected by termites and may also be responsible for interior finishes damaged during the infestation or during treatment efforts.

Who pays for damage to my unit caused by association repairs?

If the association damaged your unit while working on the building, for example, installing tension rods, performing structural concrete repairs, or tenting the building for termites, it may be liable for the full cost to restore your unit. We have handled numerous cases where associations failed to protect the interiors of units during major repairs.
Many declarations also require associations to restore incidental damage caused during common element work. We hold them to that obligation.

What if the foundation is cracked or sagging?

Slab cracks, sagging floors, and shifting foundations are often caused by improper drainage, deferred maintenance, or failure to repair structural components. These issues are serious and usually affect multiple units. We sue associations to force them to make structural repairs and pay for the damage inside your unit, including cracked tile, uneven floors, and wall damage.

How much does it cost to hire an attorney for a condo water damage case?

We handle most property damage cases on a contingency fee basis, which means you do not pay us unless we recover money for you. During your free consultation, we review the facts, your governing documents, and your legal options. If we take the case, we cover the legal expenses up front and only recover if you win.

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.

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:

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

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

Flood damage (separate flood insurance is required)
Gradual water damage due to lack of maintenance
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:

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.
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)
Association Responsibility: Your condo association may be liable for damages caused by their failure to maintain common elements.
Legal Options: If another party is at fault, you may have the right to pursue compensation from them rather than filing an insurance claim.
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.

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:

Roof leaks affecting units below
Exterior wall or stucco cracks and deterioration leading to water intrusion
Leaks in pipes serving multiple units (e.g., common drain pipes)
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.

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.

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:

The unit owner where the leak originated may be liable for the damages.
Your condo insurance might initially cover your repairs, then seek reimbursement from the responsible party’s insurance.
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.

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.

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

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.

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.

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.

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.

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.