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Homeowners Association or Condominium Association

What Are Your Options If Your HOA Won’t Fix Maintenance Issues?

POSTED ON August 9, 2024

Is your Homeowners Association or Condominium Association neglecting critical maintenance issues, leaving you frustrated and concerned about your property’s value and safety? You have rights as a Florida property owner, and there are legal remedies available when your association fails to fulfill its maintenance obligations. Read on to learn about your options and how our experienced attorneys can help you address these challenging situations.

Discover Legal Remedies for HOA Negligence in Property Maintenance

If you’re dealing with property damage that you believe may have originated from your association’s common elements or another unit owner’s negligence, it’s crucial to consult with an experienced attorney. At Perez Mayoral, P.A., we focus on helping homeowners navigate these complex situations. You don’t have to figure this out alone—our firm is dedicated to protecting your rights and ensuring you receive the compensation you deserve. Whether the issue involves your HOA, condo association, or another unit owner, we can guide you through the legal process to address property damage and hold the responsible parties accountable.

Understanding Association Responsibilities and Unit Owner Liability

Before exploring your legal options, it’s important to understand not only the rights but also the responsibilities and potential liabilities under Florida law, specifically Chapter 718 for condominium associations and Chapter 720 for homeowners’ associations.

Condominium Associations (Chapter 718)

Under Chapter 718, condominium associations are generally responsible for maintaining, repairing, and replacing common elements, such as the building’s exterior, roof, elevators, and shared amenities like pools or fitness centers. However, if the association fails to fulfill these duties and it results in property damage, you, as a homeowner, may have a claim against the association for negligence or breach of contract.

Homeowners’ Associations (Chapter 720)

Chapter 720 provides more flexibility in defining maintenance responsibilities. While HOAs are typically responsible for common areas, the extent of their maintenance obligations can vary significantly based on the community’s governing documents. If your HOA neglects its responsibilities, leading to damage to your property, you may be able to pursue compensation through legal action.

Liability of Other Unit Owners

In addition to the association’s duties, other unit owners also have responsibilities regarding the maintenance of their individual units. If a unit owner fails to maintain something within their unit—such as appliances, drains, or water lines—and this negligence leads to a water intrusion event causing damage to your property, you potentially have a legally viable claim against that unit owner. Florida law supports your right to seek compensation for damages resulting from another owner’s failure to properly maintain their unit, especially if their negligence directly impacts your home.

Ultimately, the specific maintenance responsibilities and liabilities—whether for the association or individual unit owners—are detailed in the governing documents. These documents, such as the Declaration of Condominium for condos or the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) for HOAs, are the primary sources for understanding what your association and fellow unit owners are obligated to maintain.

Common Maintenance Issues and Responsibilities: Association vs. Unit Owners

When dealing with property damage in a condominium or HOA-governed community, it’s essential to understand the different responsibilities of the association and individual unit owners.

Association Responsibilities:

Common areas
Exterior of condominium buildings
Roofs
Exterior walls and stucco
Common drain pipes
Common water lines (serving more than one unit)
Roots and trees (depending on the language in the governing documents)
Windows (sometimes depending on the language in the governing documents)

When your association fails to address these issues promptly, it can lead to property damage, decreased home values, and potential safety hazards.

Unit Owner Responsibilities:

In addition to the association’s obligations, unit owners are responsible for maintaining certain elements within their own units. These responsibilities often include:

Appliances (e.g., water heaters, washing machines, dryers)
Water lines serving the unit
Drain pipes and plumbing
Tubs and shower seals
Interior surfaces and sometimes windows (depending on the language in the governing documents)

If a unit owner fails to properly maintain these components, resulting in water intrusion or other damage to neighboring units, that owner could be held liable for the resulting damages. At Perez Mayoral, P.A., we are dedicated to assisting Florida homeowners in navigating these situations and pursuing claims against at-fault parties, whether it’s the association or another unit owner.

Steps to Take When Maintenance Issues Cause Property Damage

If you experience property damage that you suspect is due to a maintenance issue, whether from a common element or another unit, it’s important to act quickly and follow these steps:

1. Report the Property Damage Immediately

First, report the leak to the association and any other potential sources, such as neighboring unit owners. Prompt reporting is crucial for both mitigating damage and establishing a record of your efforts to address the issue.

2. Follow Up to Identify the Source

Follow up with the association or affected unit owners to determine the source of the water or damage. Understanding where the problem originates is key to identifying the responsible party and ensuring that appropriate repairs are made.

3. Document the Problem

Maintain detailed records of the maintenance issue and any resulting damage. This documentation will be crucial if you need to escalate the matter or pursue legal action. Key records should include:

Photographs and videos of the damage and the source
Dates and times when you first noticed the problem
Any communication with the association, management company, or other unit owners
Estimates for repairs from licensed contractors

4. Review Governing Documents

Thoroughly review your association’s governing documents to confirm the maintenance responsibilities and obligations of the association and individual unit owners. Understanding these details will help you determine who is responsible for the damage and what steps you can take next.

5. Contact an Attorney

Given the complexity and technical nature of these cases, it’s highly advisable to consult with an experienced attorney to determine your rights against the potentially at-fault parties. At Perez Mayoral, P.A., we focus our practice on these types of disputes and can guide you through the process to ensure your rights are protected and that you receive the compensation you deserve.

Legal Options for Property Owners

If you’re dealing with property damage caused by an at-fault association or another unit owner, there are several steps you can take to address the issue. Here are some options available to Florida property owners:

1. Attempt to Resolve the Issue Directly

The first step is to try and resolve the issue directly with the at-fault association or unit owner. However, we have seen many homeowners face significant challenges in doing so. Associations may misinform homeowners about their responsibilities, or at-fault unit owners may become unresponsive, refusing to provide necessary information such as their insurance details. While it’s important to make an effort to resolve the issue, these obstacles can make it difficult to achieve a satisfactory resolution on your own.

2. Consult with an Attorney to Discuss Your Options

Given the complexities involved, it’s highly advisable to consult with an attorney who can help you navigate your legal options. These claims and cases are often highly technical, requiring a thorough understanding of governing documents and Florida law. An attorney can review your situation, advise you on your rights, and help you explore the best legal remedies.

3. Pursue Legal Action

If the issue cannot be resolved through direct communication, pursuing legal action may be necessary. This can involve either pre-suit mediation or filing a lawsuit:

Pre-Suit Mediation: Florida law encourages—and sometimes requires—alternative dispute resolution methods before resorting to litigation. Mediation involves a neutral third party who helps facilitate communication between you and the association or unit owner to reach a mutually acceptable solution. An attorney can guide you through this process, ensuring that your interests are protected.
Lawsuit: If mediation does not result in a satisfactory resolution, or if the issue is not resolved through other means, filing a lawsuit may be necessary. This can include claims for breach of contract (if the association has failed to meet its obligations), negligence (if improper maintenance caused damage), or breach of fiduciary duty (if the association’s board failed to act in the community’s best interests). Given the stakes and complexity, it’s highly advisable to have experienced legal counsel represent you through this process.

How Perez Mayoral, P.A. Can Assist You

Navigating disputes with your HOA, condominium association, or another unit owner can be challenging. Here’s how our firm can assist you:

Comprehensive Legal Representation: We provide full legal representation, advising and representing you on all the issues you may be facing. Our goal is to guide you through Florida’s legal process for these claims and cases, ensuring that your rights are protected and that you receive the compensation you deserve.
Document and Case Review: We thoroughly review your association’s governing documents and any relevant communications or evidence to determine the exact scope of responsibilities and identify potential legal claims.
Negotiations: We can engage in negotiations with the association, management company, or at-fault unit owners on your behalf, aiming to reach a resolution without the need for litigation, if possible.
Communication Assistance: We help draft formal complaints and correspondence, ensuring that your rights are protected and your concerns are clearly articulated.
Representation in Mediation and Litigation: Whether through pre-suit mediation or in court, we represent your interests, advocating for your rights and working towards a favorable outcome.
Legal Education: We help you understand your rights and obligations under Florida law and your association’s governing documents, empowering you to make informed decisions.

Withholding Association Dues

While it may be tempting to withhold association dues in response to maintenance neglect, this action is generally not recommended. In Florida, associations have the right to place a lien on your property for unpaid assessments and may even foreclose on that lien. Instead, consider paying your dues under protest while pursuing other legal remedies.

The Importance of Legal Representation

At Perez Mayoral, P.A., we’re dedicated to helping homeowners navigate these complex issues. If you’re facing property damage or other disputes with your HOA, condominium association, or another unit owner, you don’t have to face it alone. Our experience in this area can make a significant difference in protecting your rights and ensuring fair compensation for damages. Contact us for a consultation or case review. We handle claims and cases throughout the state of Florida. Reach out to us through our contact form, email us at [email protected], or call us at 786-891-2873.

Common Sources of Water Damage to Condos

Roof Leaks

Roof leaks can cause significant damage to condo units, especially those located on the top floors. These leaks often result from poor maintenance, storm damage, or aging roofing materials. Our team can help you determine if your condo association is liable for roof-related water damage. Contact us today for a free consultation.

Our team can help you determine if your condo association is liable for roof-related water damage.

Pipe Leaks

Burst or leaking pipes can lead to extensive water damage in condos, often affecting multiple units. These leaks may originate from within your unit, from another unit, or from common areas maintained by the association.

Our team can assess the situation and help you pursue a claim against the responsible party

Exterior Wall/Stucco Leaks

Water intrusion through exterior walls or stucco can result in hidden damage that may go unnoticed until significant issues arise. This type of leak often requires specialized investigation to pinpoint the source and extent of the damage.

Let us help you navigate your claim and hold the responsible party accountable.

Drain/Sewer Pipe Backups

Backups in drain or sewer pipes can cause severe water damage and pose health hazards. These issues typically stem from blockages or maintenance failures in common areas.

Our firm can assist you in determining liability and securing the necessary repairs.

Appliance Leaks and Bursts

Faulty or aging appliances, such as dishwashers, washing machines, and water heaters, can leak or burst, causing water damage. Identifying whether the responsibility lies with a unit owner or the association is crucial.

We can help you understand your rights and pursue appropriate compensation.

Adjacent Unit Issues

Water damage can also originate from neighboring units due to overflows, leaks, or poor maintenance. Determining liability in these cases can be complex, but our experienced attorneys can guide you through the process and ensure your rights are protected.

Frequently Asked Questions?

Does Condo Insurance Cover Water Damage?

Condo insurance may cover water damage depending on the policy details and the source of the damage. It’s essential to review your insurance policy and consult with counsel to understand your coverage.

Who is Responsible for Water Damage to Condos?

Responsibility for water damage often depends on the source of the damage and the terms of the governing documents. Our team can help you determine liability and pursue appropriate action.

Can I Sue My HOA or Condo Association for Water Damage to My Home?

Yes, if your HOA or condo association has failed to maintain common areas or elements, resulting in water damage, you may have grounds to sue. Our attorneys can evaluate your case and advise you on the best course of action.

Is My Neighbor, or an Adjacent Unit, Responsible for Water Damage to My Unit?

If water damage originates from an adjacent unit due to negligence or maintenance issues, the neighboring unit owner may be responsible. We can help you navigate these complex situations and seek compensation.

Can I Sue My HOA or Condominium Association for Their Failure to Maintain the Community or Buildings?

Yes, if the association’s failure to maintain the community or buildings leads to damage, you may have a valid claim. Our firm has extensive experience in holding associations accountable for their responsibilities.

What Types of Claims Are Typically Covered by My Association’s Insurance?

Association insurance typically includes various policies, such as property and casualty insurance and general liability insurance. Property and casualty insurance generally covers physical damage to common areas and elements, such as hurricane damage, fire damage, and other casualty events. If your condo experiences water damage due to these issues in common areas, this insurance may cover the necessary repairs.

General liability insurance may cover the association’s negligence, such as failure to maintain common elements that lead to water damage or property damage within a unit. Specific coverage details depend on the policy terms and governing documents. We can help you understand what is covered by your association’s insurance and assist you in filing a claim to ensure you receive the necessary compensation and repairs.

How Experienced is the Legal Team at Perez Mayoral in Handling Condo Water Damage Claims?

Our legal team has extensive experience in handling condo water damage claims, with a proven track record of successfully representing homeowners in disputes with their associations.

How Does Perez Mayoral Help Homeowners with Their Water Damage Claims?

We provide comprehensive legal support, including case evaluation, evidence gathering, and aggressive representation to ensure our clients receive the compensation and repairs they deserve.