Florida Condo Law on Water Damage: What Every Owner Should Know

At Perez Mayoral, P.A., we represent homeowners throughout Florida in water damage disputes against their condo associations and, when appropriate, other unit owners. We do not represent associations. If you are looking for an experienced and skilled Key West, FL condo lawyer, call or email us today.

If you are trying to make sense of Florida’s condo law on water damage, here’s what you need to know.

Water Damage Is A Common Condo Issue

Water damage is one of the most common and disruptive problems faced by Florida condo owners. Whether the source is a roof leak, a pipe between units, or an overflowing tub from the unit above, owners are often left asking:

Who is responsible, and what does Florida law actually say?

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🎥 Watch Now: 5 Things Your HOA Won’t Tell You About Property Damage

Many Florida homeowners don’t realize that their HOA’s responsibilities extend far beyond enforcing rules and collecting dues. This short video explains five key things your association won’t tell you about property damage—covering who pays for repairs, how “common elements” are defined under Florida law, and what legal rights you have when your HOA refuses to act.

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Statutory Duties: What Florida Law Requires

Florida Statute 718.113(1) — This section of the Florida Condominium Act states clearly
that the association is responsible for maintaining and repairing the common elements. The statute
defines common elements as those parts of the building not located within a unit, including roofs,
exterior walls, structural components, shared plumbing lines, and more.

Associations are not allowed to waive this duty. When they fail to maintain the common elements and that failure leads to water entering your unit, they can be held legally and financially responsible.

Florida Statute 718.303(1)
This provision allows unit owners to take legal action against their association if it fails to fulfill its duties under the governing documents or the Condominium Act. That includes failing to maintain common elements in a way that causes damage to a unit.

If your association refuses to repair a roof, shared pipe, or structural crack and that leads to water damage in your unit, you may have a claim for breach of statutory duty. You may also be entitled to attorney’s fees and costs under this statute.

Case Law: McLlenan V. Cypress Chase North

A recent 2024 appellate court decision makes these responsibilities even clearer.
In McLlenan v. Cypress Chase North Condominium No. 4 Association, the court ruled that the condo association had a non-delegable duty to repair the common elements, even when the water that caused the damage originated from another unit.

The association argued it was not responsible because the leak came from the upstairs neighbor’s tub. The court rejected that reasoning. It held that the association’s duty to repair was not excused just because the damage was triggered by something outside of its control. Once common elements were damaged, the association was obligated to repair them and address the resulting consequences.

This case confirms that associations cannot simply walk away from water intrusion issues or deflect blame onto other unit owners when common elements are involved.

What Counts As A Common Element?

Understanding whether the source of water was part of a common element is essential to determining who is responsible for the damage. In general, common elements are areas or systems of the building that are not part of any individual unit and are maintained by the association. These usually include:

• Roofs
• Exterior walls
• Shared ceilings and floors
• Concrete slabs
• Stucco and exterior waterproofing systems
• Certain vertical plumbing stacks or horizontal piping between units

However, there are important exceptions. Responsibility for specific components—like pipes, windows, sliding glass doors, balcony railings, and framework or casings—can vary depending on how the condo declaration is written. For example:

• Pipes may be considered part of the common elements or part of the individual unit, depending on whether the pipe serves multiple units or just one
• Window frames, sliders, and balcony doors may or may not be classified as common elements, depending on the definitions and maintenance responsibilities outlined in the governing documents

Because these issues are highly fact-specific, a detailed legal analysis of your condo declaration and bylaws is often necessary to determine who is legally responsible.

At Perez Mayoral, P.A., we provide this analysis free of charge in property damage cases. If your unit has suffered water damage, we will review the governing documents to determine whether the association or another unit owner is responsible for the source and resulting damage.

Enforcement: What To Do When The Association Refuses To Act

When a condo association refuses to repair water damage or fix the source of the leak, you are not powerless. Florida law provides clear remedies:

Written Inquiries (Fla. Stat. 718.112)
You can send a written inquiry demanding the association explain its position. They are required to respond within a set time frame. This creates a paper trail and shows that you gave the association a chance to act.

Demand Letters
We routinely send legal demands on behalf of unit owners, outlining the association’s duties under both the governing documents and the Condominium Act. If the association continues to delay or deny, we escalate.

Injunctive Relief
In cases where the damage is ongoing or the source of the leak has not been repaired, we can file suit asking the court to order the association to take action.

Claims for Damages and Attorney’s Fees
If you have already suffered damage, we file suit to recover the full cost of repairs, loss of use, and attorney’s fees. These claims are typically based on breach of the declaration, violation of statutory duties, and negligence.

What About Insurance?

Even if your condo insurance (HO-6 policy) pays for some of the damage, you may still have a legal claim against the association. We regularly help clients recover from the responsible party, even after their insurance has stepped in.

We Represent Homeowners, Not Associations

At Perez Mayoral, P.A., we help Florida homeowners hold their condo associations accountable when water damage occurs. We do not represent associations. We focus on:

• Recovering the cost of repairs
• Forcing associations to fix leaks and structural issues
• Litigating when associations ignore their legal duties
• Holding other unit owners responsible when appropriate

If you are having problems with a water leak issue in your condo, or one of the many common condo problems, a good HOA attorney can provide you with legal guidance on what your next steps should be.

Contact Us To Review Your Case

If your condo has suffered water damage and your association is not taking action, Perez Mayoral, P.A. can help. We will review your declaration, evaluate the cause of the damage, and take legal steps to get the problem resolved and your costs covered. Call or email us to schedule a consultation.