Miami, FL 
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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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.
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.
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.
Coral Springs Condo Lawyer
Condo lawyers in Coral Springs representing unit owners with over 100 years of combined legal experience.
If your condominium association is hitting you with special assessments you don’t understand, refusing to fix water damage coming from common elements, or denying records you have every right to see, you’re facing a problem that may require legal intervention to resolve. Perez Mayoral, P.A. represent unit owners and homeowners only, never the associations or their boards. Speak with our Coral Springs, FL condo lawyer about your case during a personalized initial consultation.
Condo Lawyer Coral Springs, FL
A condominium attorney handles disputes between unit owners and the associations that govern their buildings, including matters involving assessments, maintenance, access to records, board conduct, and enforcement of declarations and bylaws. In Florida, condos are governed by Chapter 718, the Florida Condominium Act, which creates rights and remedies that many owners never realize they have.
Our practice is built around the unit owner side of these disputes. That means going after associations that mismanage funds, fail to maintain common elements, withhold records, or impose fines and assessments without following the procedures Florida law requires. The aim is straightforward: hold the board to the rules it’s supposed to follow and recover what the owner has lost when it doesn’t.
Types of Condo Cases We Handle in Coral Springs
Coral Springs has a sizable condominium inventory, particularly along Riverside Drive, Sample Road, and the corridors near Coral Square. Older buildings face deferred maintenance issues that the new condo safety legislation has only intensified, and newer associations face their own pressures around assessments and reserves. Below are the case types we handle most often for Coral Springs owners.
- Special assessments and unexpected fee increases. When a board passes a large special assessment without following proper procedures or without the financial backing to justify it, owners have grounds to push back. We review the math, the notice, and the vote.
- Water damage and common element failures. Water intrusion from roofs, balconies, plumbing in shared walls, and other common elements is one of the most common disputes we see. The question of who pays depends on the wording of the declaration and on what the association did or failed to do.
- Records access disputes. The Florida Condominium Act gives unit owners a statutory right to inspect official records. When an association refuses, we file the formal demand and pursue the remedies the statute provides.
- Selective enforcement and unfair fines. If the board is citing you for conduct it tolerates from others, that pattern is the basis of a selective enforcement defense or claim. Documentation of the disparate treatment is the case.
- Board misconduct and self-dealing. Conflicts of interest, undisclosed vendor relationships, and contracts favorable to insiders are governance failures that owners can challenge. We’ve handled self-dealing matters at multiple levels.
- Liens, foreclosure defense, and assessment disputes. A condo association can place a lien on your unit and pursue foreclosure for unpaid amounts. We defend these actions and contest liens that don’t comply with statutory requirements.
Why Choose Perez Mayoral, P.A. for Condo Law in Coral Springs, FL?
One Side of the Aisle, and the Track Record That Comes With It
Plenty of Florida firms work both sides of condominium disputes. We chose not to. Every condo matter Perez Mayoral, P.A. handles is on behalf of the unit owner, and that focus shapes how we prepare cases. Erik A. Perez, who co-founded the firm, leads our Homeowners and Condominium Association Litigation Practice Group. Before opening Perez Mayoral, P.A., Mr. Perez worked at firms representing carriers and associations, an inside view that influences every case he now handles for owners.
Michael P. Mayoral has been recognized as a Florida Lawyers Network member. Mr. Mayoral is a co-author of the Florida Condominium Dispute Checklist for Attorneys Representing Owners, published in LexisNexis Practical Guidance, and he appears regularly in legal media discussing condominium law. He also obtained a writ of prohibition in Gratz v. 1750 James Condo. Ass’n, Inc., resulting in a judge’s disqualification in a condo dispute. Mr. Llarena brings over 15 years of litigation experience and has secured over $40 million in insurance coverage for policyholders through negotiation, mediation, and litigation. Across the firm, our condo practice has helped clients recover millions of dollars through trial wins, appeals, and settlements.
Understanding Condo Cases
Florida condominium disputes are often centered on one (or more) of three things: the condominium declaration, the bylaws and rules and regulations, and Chapter 718 of the Florida Statutes. The board’s authority comes from those sources, and when it acts outside them, owners have legal standing to respond.
Damages, Liability, and Compensation for Condo Cases
The recovery available in a condo case depends on what the dispute is about. Florida law builds in specific remedies for certain categories. The contract itself, also known as the association’s declaration, governing documents, or rules and regulations, often shifts fees and costs to the prevailing party.
Common categories of recovery include:
- Compensation for physical damage to a unit caused by association failure to maintain common elements
- Reversal of improper special assessments, fines, and fees
- Statutory damages for records access violations
- Attorney’s fees and costs where the declaration or statute permits
- Declaratory and injunctive relief, including orders requiring the association to act or stop acting
What Are Important Aspects of a Condo Case?
A handful of factors tend to determine how these cases come out.
- The declaration is the controlling contract between the owner and the association, and it must be read carefully
- Chapter 718 imposes obligations that override conflicting provisions in the declaration or bylaws
- Recent legislative changes, including HB 913, have reshaped reporting, reserve, and inspection requirements
- Procedural defects in how the board acts, such as inadequate notice or improper meeting procedures, frequently form the strongest part of an owner’s case
What Is the Condo Case Timeline?
The speed of resolution of these cases vary spending on the circumstances, but here’s the general timeline they follow.
- Initial consultation and document review in the first one to two weeks
- Pre-suit demand letter or records inspection request, typically resolved or escalated within 30 to 60 days
- Mandatory pre-suit mediation or arbitration through the Division of Florida Condominiums for certain disputes
- Litigation and discovery, often running six months to a year or longer
- Trial, settlement, or appeal, with simpler matters resolving inside a year and complex cases taking considerably longer
What Should You Bring to Your Condo Consultation?
Coming prepared lets us evaluate the case rather than guess at it.
- The condominium declaration, the bylaws, and the current rules and regulations for your community
- All written correspondence with the board, the property manager, or the association’s attorney
- Notices of any fines, special assessments, or alleged violations you have received
- Board meeting minutes and any financial statements, budgets, or reserve reports you’ve obtained
- Photographs and video documenting damage, conditions, or the alleged violations at issue
The first meeting is a working conversation. We listen, ask focused questions, and tell you honestly whether the case has legs and how it would likely proceed.
What Are Important Florida Legal Resources for Condo Cases?
Owners often want to read the statutes themselves, and that’s a good instinct. The following resources are reliable starting points.
- The full text of Chapter 718, the Florida Condominium Act, is on the Florida Legislature’s official site
- The Division of Florida Condominiums within DBPR publishes guidance, forms, and complaint procedures specific to condo owners
- The U.S. Department of Housing and Urban Development outlines Fair Housing protections applicable to condo associations
- Statutes of limitations for breach of written contract claims, including declaration enforcement, are set out in Section 95.11(2)(b)
Reach Out to Perez Mayoral, P.A. to Schedule a Consultation
If you’re dealing with a difficult condo association in Coral Springs, the practical next step is a conversation with a Coral Springs condo attorney who can tell you where you stand. Perez Mayoral, P.A. represents unit owners only, and we offer an initial case review so you can weigh your options before committing to anything. Reach out to schedule your consultation, and we’ll respond promptly to discuss next steps.
