Florida’s rainy season often brings a common problem to the forefront for condo owners: a leaking roof. At Perez Mayoral, P.A., a premier HOA disputes attorney firm, we frequently help clients understand the complexities of this issue. Our team of seasoned HOA attorneys for homeowners is adept at navigating the intricacies of these situations.
Pertinent Florida Statutes
The responsibility for maintaining common elements, including the roof, usually falls on the Condominium Association in Florida. Florida Statutes Chapter 718.113 reinforces this, stating, “Maintenance of the common elements is the responsibility of the association.” This rule extends to all common elements unless otherwise specified in the declaration.
“Common elements” as defined by Florida Statutes Chapter 718.108, include parts of the condominium property not included within the units, such as easements for the furnishing of utilities to units and the common elements, and property and installations required for the furnishing of utilities and other services to more than one unit or to the common elements. A roof generally falls under this definition as it is not “within the unit.”
The declaration can designate other parts of the condominium property as common elements, which could potentially include the roof. Therefore, it is essential for condo owners to be familiar with their declaration to understand their rights and responsibilities fully.
Additional Considerations
In the case of Homeowners’ Associations (HOAs), the situation becomes a bit more intricate. Florida Statutes Chapter 720 states that an HOA’s duties and responsibilities depend on what the association’s governing documents state. The officers and directors of an HOA maintain a fiduciary relationship with their members, and their roles encompass duties laid out in the governing documents and Chapter 720.
Importantly, while an HOA has the authority to maintain the roof, it does not always have the obligation to do so. The governing documents of the HOA, with their specific language, determine the actual responsibility. Some HOAs have a mandate to maintain and replace roofs, while others shift this responsibility onto individual homeowners.
Obtaining Legal Assistance From A Premier HOA Dispute Firm
Leaky roofs can cause significant damage, such as water intrusion and mold, which can severely impact your condominium. At Perez Mayoral, P.A., we work diligently to help condo owners claim for damages and institute legal action against the association for their failure to uphold their duties. We proudly serve clients across Miami, Broward, Palm Beach, Tampa, and Orlando.
It’s important to note that while a Condominium Association may direct a person to make a claim on their own insurance for damages, the Association’s insurance typically will and should cover damages caused to one’s unit due to a leaky roof. This is because the roof, as a common element, is under the Association’s responsibility. However, the specifics can vary based on the terms of the governing documents and the particular insurance policies involved.
Consulting With An Attorney
In conclusion, while Condominium Associations typically carry the responsibility for maintaining and replacing roofs, the duties of HOAs can differ. If you find yourself in a dispute with an HOA over roof maintenance or other issues, consulting with an experienced HOA dispute attorney is crucial. At Perez Mayoral, P.A., we strive to navigate these complex issues with you, ensuring your rights remain protected.
