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.
Gulfport Condo Lawyer
Are you looking for a condo lawyer in Gulfport, FL?
At Perez Mayoral, P.A., we provide condominium representation grounded in over 100 years of combined experience on behalf of unit owners in Gulfport.
If you are a condominium unit owner in Gulfport facing a dispute with your association, our attorneys can review the association’s declaration, governing documents, or rules and regulations, examine the association’s conduct, and pursue the remedies available to you. Our Gulfport, FL condo lawyer handles disputes involving assessments and liens, repair obligations, access to official records, and improper entry into a unit. Perez Mayoral, P.A. represents condominium unit owners, and never associations, throughout Pinellas 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 Gulfport, FL
A condominium lawyer advises and represents unit owners in their disputes with the association that governs their community. Common matters include the propriety of assessments and liens, the association’s obligation to maintain the common elements, an owner’s right to inspect records, and the enforcement of the association’s declaration, governing documents, or rules and regulations. Our firm represents owners in these matters and does not represent associations.
Gulfport sits in Pinellas County, a Gulf coast county with a dense concentration of condominiums, and disputes here are heard in the Sixth Judicial Circuit, which is served by 69 judges across Pinellas and Pasco counties. Many of these disputes are resolved before trial, though the strength of an owner’s position depends on the preparation done at the outset. Preparing a matter thoroughly before it reaches that court is often decisive.
Types of Condo Cases We Handle in Gulfport
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. Others require a defense against improper action by the board.
- Assessments and fee increases. We challenge assessments and fee increases that are improperly imposed or calculated, and we defend owners against collection efforts that exceed the association’s authority.
- Liens and foreclosure. When an association records a lien or moves to foreclose, we examine whether it followed the required procedures and whether it was entitled to place a lien at all.
- Repairs and property damage. When the association fails to maintain the common elements, including roof leaks and other water intrusion, we act to compel the repairs and to recover the resulting damage.
- Access to official records. Owners are entitled to inspect association records. We pursue relief when the association refuses to produce the records requested.
- Entry into a unit. An association’s access to a unit is limited. We represent owners when the association or its vendors enter a unit without proper authority.
- Association negligence. When an association’s failure to act causes injury or damage, we help owners sue for negligence and recover their losses.
Why Choose Perez Mayoral, P.A. as My Condo Lawyer in Gulfport, FL?
A Practice Dedicated to Condominium Owners
Our firm represents condominium unit owners, and it does not represent associations. That single focus means our advocacy is never divided between owners and the boards they are in conflict with. Erik A. Perez and Michael P. Mayoral lead the firm’s homeowners and condominium association litigation practice, which they built to give owners experienced representation in disputes with their associations. We assess each matter candidly at the outset and prepare every case for the possibility of trial. That preparation frequently strengthens an owner’s position in settlement discussions as well.
A Record of Results for Owners
Our results reflect the value of preparation and persistence. We have recovered millions of dollars for owners in property and association disputes, and we have preserved those results on review when associations challenged them. We approach condominium matters with a command of the governing documents and a readiness to try the case when a fair resolution is not offered.
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 allows an owner to assess the strength of a claim or a defense before proceeding.
The Governing Documents, the Association’s Duties, and Your Remedies
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 define the rights of unit owners and the obligations of the association. Every dispute begins with what these documents provide.
- State law. The Florida Condominium Act establishes protections that apply to all condominiums and that the governing documents cannot diminish.
- The association’s duties. The association is generally responsible for maintaining the common elements, keeping accurate records, and administering the community’s finances. A failure to meet these duties gives rise to many disputes.
- Available remedies. Depending on the circumstances, an owner may seek an injunction, damages, an accounting, or an order requiring the association to perform its obligations.
How these documents and duties apply to the specific facts determines most disputes, and that analysis is where our review begins.
What Are Important Aspects of a Condominium Dispute?
Certain considerations weigh heavily on the outcome of a condominium dispute.
- The document’s contents. The language of the governing documents, read together with state law, decides most disputes.
- Records and evidence. An owner’s ability to obtain association records and to document conditions frequently determines the strength of a claim.
- Deadlines. Claims against an association are subject to Florida’s statute of limitations, and a delay in acting may narrow the remedies that remain available.
What Is the Condominium Dispute Timeline?
A condominium dispute generally advances through several stages.
- Evaluation. We review the governing documents and the relevant facts to assess the merits of the matter.
- Written demand. Many disputes begin with a demand that the association correct the problem.
- Pre-suit resolution. Certain condominium disputes call for mediation or another pre-suit process before a lawsuit may proceed.
- Litigation. If the matter is not resolved, it is filed and litigated in the appropriate court.
- Conclusion. The dispute ends through settlement, trial, or another binding decision.
The time required varies with the complexity of the matter and the conduct of the association.
What Should You Bring to Your Condominium Consultation?
A review of your documents allows us to assess your position accurately. Please bring the following:
- The declaration, bylaws, and rules governing your community.
- Records of assessments and payments, including any notice of lien.
- Correspondence with the association or its property manager.
- Documentation of any damage or unaddressed condition, including photographs.
After reviewing these materials, we will assess the association’s conduct and provide a candid view of your options and the likely cost.
Gulfport Courts and Local Resources
Condominium disputes in Gulfport that proceed to litigation are filed with the Pinellas County Clerk of the Circuit Court and are heard in the county’s courthouses. An owner can also confirm a unit’s ownership and legal description through the county property records maintained by the Pinellas County Property Appraiser. Familiarity with these local offices and their procedures is part of preparing a matter effectively.
Reach Out to Perez Mayoral, P.A. to Schedule a Consultation
If you are in a dispute with your condominium association in Gulfport, acting promptly preserves your remedies and the evidence supporting your claim. Perez Mayoral, P.A. represents condominium unit owners throughout Pinellas County and the surrounding area. Our Gulfport condo lawyer can review your governing documents and advise you on the appropriate course of action. Contact us to request an initial case review.
