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.
Daytona Beach Condo Lawyer
Are you looking for a condo lawyer in Daytona Beach, FL?
At Perez Mayoral, P.A., we are Daytona Beach condominium lawyers committed to thorough preparation in every matter we handle.
If you are in a dispute with your condominium association in Daytona Beach, our attorneys can review the association’s declaration, governing documents, or rules and regulations, evaluate the association’s conduct, and pursue the relief to which you are entitled as a unit owner. Our Daytona Beach, FL condo lawyer handles matters involving assessments, maintenance and repair obligations, access to records, and selective enforcement. Perez Mayoral, P.A. represents condominium unit owners, and never associations, throughout Volusia County and the surrounding area. We provide a candid assessment of your position at the outset. Contact our firm to request an initial case review.
Condo Lawyer Daytona Beach, FL
A condominium lawyer represents unit owners in disputes with the association that governs their community. These disputes commonly concern assessments, the association’s maintenance and repair obligations, access to official records, and the enforcement of the association’s declaration, governing documents, or rules and regulations. Our firm represents owners in these matters, not associations. For owners in a homeowners’ association rather than a condominium, we handle HOA disputes in Daytona Beach as well.
Daytona Beach is a coastal community with a substantial concentration of condominiums, and disputes between unit owners and their associations are resolved in the Seventh Judicial Circuit, where more than 140,000 cases are filed each year. That volume reflects the demands placed on the local courts and the value of preparing a matter thoroughly before it is filed.
Types of Condo Cases We Handle in Daytona Beach
Condominium disputes take many forms, and the appropriate approach depends on the governing documents and the conduct of the association. Some owners retain the firm to enforce their rights under the documents. Others require a defense against improper action by the association.
- Assessments and special assessments. We challenge assessments that are improperly levied or calculated, including contested special assessments imposed without proper authority.
- Maintenance and repair obligations. When an association refuses to make repairs to the common elements, we act to compel the work and to recover the resulting damage.
- Water damage. We represent owners in disputes over responsibility for water damage that originates in the common elements or in another unit.
- Access to official records. An owner is entitled to inspect the association’s records. We pursue relief when the association withholds the official records it is required to provide.
- Selective enforcement. We represent owners subject to selective enforcement, in which the association applies its rules against one owner while excusing others.
- Board misconduct. We pursue claims involving conflicts of interest, self-dealing, and other breaches of duty by board members.
Why Choose Perez Mayoral, P.A. as My Condo Lawyer in Daytona Beach, FL?
Condominium Litigation Focused on Unit Owners
Our firm represents unit owners in disputes with their associations and does not represent associations. That focus allows us to advocate for owners without the conflicts that arise when a firm serves both sides of these matters. Our attorneys draw on over 100 years of combined litigation experience in condominium and community association disputes across Florida. Erik A. Perez and Michael P. Mayoral lead the firm’s homeowners and condominium association litigation practice. We provide a candid assessment of each matter at the outset and prepare every case as though it will be tried.
A Record of Results for Condominium Owners
Our record reflects sustained recoveries for the owners we represent. We have recovered millions of dollars for owners in property and association disputes, and we have defended those recoveries when associations sought to overturn them. Condominium matters reward careful preparation and a command of the governing documents. When a matter requires it, we are prepared to try the case to verdict.
Understanding Condominium Dispute Cases
A condominium dispute involves the interaction of the governing documents, the conduct of the association, and the requirements of state law. An understanding of these elements assists an owner in assessing the strength of a claim or a defense before proceeding.
Assessments, Common Elements, and the Governing Documents
A condominium is governed by a set of recorded documents and by state law, and most disputes are resolved by reference to both.
- The governing documents. The association’s declaration, governing documents, or rules and regulations establish the rights and obligations of unit owners and of the association. They are the starting point of any dispute.
- The statute. Florida’s condominium act sets requirements that apply to every condominium in the state and that the governing documents cannot override.
- Assessments and liens. Owners are obligated to pay lawful assessments, and an association may pursue a lien for unpaid amounts. Whether a particular assessment or lien is proper is frequently contested.
- Common elements. The association is generally responsible for maintaining the common elements, and owners are responsible for their units. Disputes often concern where that boundary falls.
- Remedies. Depending on the circumstances, relief may include an injunction, an accounting, damages, or an order compelling the association to act.
What Is the Condominium Dispute Timeline?
Condominium disputes vary, but most proceed through a recognizable sequence.
- Review. We examine the governing documents and the relevant facts to determine the strength of the claim.
- Demand. Many disputes begin with a written demand to the association.
- Pre-suit procedures. Certain condominium disputes require mediation or another pre-suit step before a lawsuit may be filed.
- Filing. If the matter is not resolved, a lawsuit is filed in the appropriate court.
- Resolution. The dispute concludes by settlement, by trial, or by another binding determination.
Some matters are resolved within several months, while those involving significant repairs or contested records may require considerably longer.
What Should You Bring to Your Condominium Consultation?
A review of the relevant documents allows a more accurate assessment of your position. We ask that you provide the following:
- The declaration, bylaws, and rules of your association.
- Assessment and payment records, including any notice of lien.
- Correspondence with the association or its management company.
- Photographs or reports documenting any property damage or unaddressed condition.
Following this review, we will evaluate the association’s conduct and provide a candid assessment of your options and the anticipated cost.
What Are Important Aspects of a Condominium Dispute?
Several considerations bear significantly on the course of a condominium dispute.
- The documents control. Most disputes are decided by the language of the governing documents, read together with state law.
- The association’s duties. Whether the association met its maintenance, financial, and disclosure obligations is frequently the central question.
- Deadlines. Claims against an association are subject to Florida’s statute of limitations, and delay may limit both the available remedies and the supporting evidence.
Daytona Beach Courts and Local Resources
Condominium disputes in Daytona Beach that proceed to litigation are filed with the Volusia County Clerk of the Circuit Court and are heard in the county’s courthouses. Owners who wish to review court records or conduct their own research may also use the county law library, which is open to the public. Familiarity with these local procedures is part of preparing a matter effectively.
Reach Out to Perez Mayoral, P.A. to Schedule a Consultation
If you are facing a dispute with your condominium association in Daytona Beach, addressing the matter promptly preserves both your remedies and the relevant evidence. Perez Mayoral, P.A. represents condominium unit owners throughout Volusia County and the surrounding area. Our Daytona Beach condo lawyer can review your governing documents and advise you on the appropriate course of action. Contact us to request an initial case review.
