Is Water Entry Damage Covered?

At Perez Mayoral, P.A., we represent condo unit owners throughout Florida in claims involving water damage—whether the insurance company pays or not. One of the biggest misconceptions we see is that if insurance denies a claim, you’re out of options. That’s not true. You may be able to pursue a legal claim against your condo association or a neighboring unit owner even when no insurance applies. If you are a Florida condo owner having problems with their HOA, our skilled and experienced Sarasota, FL HOA lawyer is here to help.

This article breaks down what types of water entry may be covered under condo insurance and explains how our firm can help you recover from those responsible—regardless of coverage.

Common Sources Of Water Entry

Slab Leaks

Leaks beneath the concrete slab can lead to serious damage. If the resulting water damages your floors, baseboards, or walls, your personal HO-6 policy might offer coverage. But repairs to the slab pipe itself may be the association’s responsibility if it’s a common element.

Roof Leaks

Water entering through the roof often points to a failure of the building’s structure. Under Florida law, the roof is usually a common element that the association must maintain. If water damage occurs because of neglect or improper maintenance, you may have a claim directly against the association, regardless of what your insurer says.

Window And Stucco Intrusion

Water entering around windows or through cracks in the exterior stucco is one of the most hotly contested issues in condo disputes. While many associations argue windows are the owner’s duty, the exterior stucco and walls are usually common elements. If the association fails to properly maintain the exterior, you may be able to hold them liable—even if your policy excludes coverage.

Sudden Vs. Gradual Damage

Most insurance policies only cover sudden and accidental water damage. Commonly covered examples include:

• A burst pipe behind the wall
• A sudden roof failure during a storm
• A neighbor’s overflowing appliance

What’s not typically covered:

• Long-term leaks or poor maintenance
• Slow window seal failures
• Cracks in stucco or foundations that let water in over time

Even if your insurance excludes coverage for slow leaks, that does not eliminate the legal responsibility of the association or neighbor if they caused the water intrusion.

You Can Still Pursue A Legal Claim

Even when your insurance denies coverage, you may still be able to recover for the damage if the water intrusion was caused by:

• The condo association’s failure to maintain the roof, slab, or exterior walls
• A neighbor’s leak, negligence, or failure to fix a known issue
• Defective construction or building envelope issues

We routinely pursue claims under Florida Statutes 718.113 and 718.303, as well as under the condo declarations. These statutes require associations to maintain common elements and allow unit owners to recover for damages caused by the association’s failure to meet that duty.

Request A Policy And Damage Review By Our Firm

If you’re dealing with a slab leak, roof leak, or window/stucco intrusion and unsure who’s responsible, let us take a look. At Perez Mayoral, P.A., we help homeowners identify the responsible party, understand their rights, and recover what they’re owed—even if insurance refuses to pay.

Contact Us Today

If you are dealing with water damage in your condo or other common condo problems and are unsure who is responsible, or if your insurance claim has been denied, we can help.We represent homeowners throughout Florida in disputes against their condo associations and neighboring unit owners. We do not represent associations.

We will review your policy, the governing documents, and the source of the damage to determine the best path forward. That may include recovering repair costs, forcing the responsible party to make necessary repairs, or seeking attorney’s fees when the association fails to act.

This article contains general legal information and is not legal advice. If you are facing a condo property damage dispute, speak with one of our attorneys at Perez Mayoral, P.A. to receive guidance specific to your situation. Contact us today to schedule a consultation.