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 Homeowners Association Issues
In Florida
Homeowners Association’s Duty to Maintain and Repair
Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.
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.
Property Damage Caused by HOA Negligence
Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.
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.
HOA Governance & Transparency Issues
Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.
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.
HOA Rule & Covenant Enforcement Disputes
Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.
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.
HOA Assessment Disputes
Disputes over HOA assessments can occur when homeowners believe the charges are unjustified or excessive. These disputes often arise from a lack of transparency in how fees are calculated or spent, with homeowners questioning the necessity of certain assessments or how funds are being used, especially if the HOA fails to provide detailed financial reports or explanations.
Our firm has extensive experience in dealing with HOA assessment disputes and can assist you in challenging unfair or excessive fees. We work to protect your financial interests and ensure fair treatment under HOA regulations, helping you navigate the complex rules surrounding assessments.
Architectural Control Disputes
Many HOAs have architectural control committees that review and approve changes or additions to properties. Disputes arise when homeowners feel these committees are acting arbitrarily or unreasonably in denying or modifying requests, or when there are disagreements over the interpretation of community standards and guidelines. Homeowners may feel that their property improvements are being unfairly restricted or that the HOA is overstepping its authority.
If you are facing a dispute over architectural changes, our attorneys can help you navigate the approval process and challenge any unreasonable denials. We advocate for your right to make improvements to your property in compliance with community standards, ensuring fair treatment for all homeowners.
Selective Enforcement, Discrimination & Harassment
HOAs are obligated to enforce rules fairly and without discrimination, but issues can arise when associations engage in selective enforcement or discriminatory practices, such as imposing rules on certain homeowners while ignoring the same violations by others. Discrimination and harassment by board members or neighbors can also lead to legal action, especially if based on race, ethnicity, religion, or other protected characteristics.
Our attorneys are well-versed in laws protecting homeowners from discrimination and harassment. If you are experiencing unfair treatment or selective enforcement from your HOA, we are here to provide the legal support you need to ensure your rights are protected.
Neighbor Disputes
Disputes between neighbors in HOA communities can range from noise complaints to property boundary issues, and these conflicts can escalate when HOAs fail to enforce community rules impartially or do not effectively mediate. When direct resolution efforts fail or when the HOA does not adequately address the situation, legal intervention may become necessary to restore community harmony.
Our firm has substantial experience in resolving neighbor disputes in HOA communities. We work to find fair and effective solutions that protect your rights and maintain community harmony, ensuring that all parties are treated fairly.
Accidents & Personal Injuries
Inadequate maintenance of common areas by an HOA can lead to accidents and personal injuries, such as slip-and-fall incidents due to poorly maintained walkways or injuries resulting from inadequate security measures. If the HOA’s negligence in maintaining safety measures directly contributes to accidents, homeowners may be entitled to compensation for medical expenses, lost wages, and other damages.
If you’ve been injured due to the negligence of your HOA, our attorneys can help you pursue compensation for medical expenses, lost wages, pain and suffering, and other related damages. We are committed to holding HOAs accountable for maintaining safe community environments.
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 HOA Claims
Can I sue my HOA or Condominium Association for negligence in Florida?
Homeowners Associations (HOAs) are responsible for maintaining and repairing common areas and elements, such as roads, landscaping, recreational facilities, and shared building components. When an HOA neglects these duties, it can lead to unsafe conditions, community deterioration, and reduced property values. Disputes arise when the general neglect of these common areas results in a rundown environment or when the failure to maintain essential common elements directly causes damage to individual units, such as leaks from poorly maintained roofs.
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.
Is my HOA or Condominium Association responsible for repairing damage to my home?
The responsibility of an HOA or Condominium Association in Florida for repairing damage to your home largely depends on the nature of the damage, the cause of the damage, and the governing documents of the community. Here’s a breakdown based on different scenarios and legal frameworks:
- General Liability Principles: While the unit owners generally bear the responsibility for repairing damages within their own units, there are scenarios where the Association may be held liable. If the Association’s negligent repair and maintenance of common elements like the roof, walls, or pipes within the building caused property damage to individual units, then the Association may be liable to repair and/or pay for the repairs to the affected units. This liability could extend to covering costs such as lost rent if the unit was being rented out, expenses for alternative housing if the unit becomes uninhabitable, and compensation for lost personal property due to the damage. It’s the Association’s duty to maintain, repair, and replace common elements or other specified items as per the governing documents and Florida law, and failure to do so diligently can result in liability towards the unit owners for the ensuing damages.
- Negligence Claims: If the damage to your home arises from the negligence of the HOA or Condominium Association, particularly due to their failure to repair, maintain, or replace common elements like roofs, walls, or pipes which then result in issues such as water intrusion or other types of damage, you may have grounds to pursue a negligence claim against the association. In such cases, the association may be held liable for the repairs and/or the cost of repairs to the affected units. This liability might also extend to covering related costs such as lost rent, alternative housing expenses, and the replacement of lost personal property caused by the damage.
- Injunctions: In cases where the association neglects its duties as stipulated in the governing documents, unit owners can potentially seek an injunction against the association, compelling them to comply with their duties and obligations under the governing documents. For instance, if there’s excessive moisture intrusion due to issues with common elements which the association is responsible to maintain, unit owners can seek legal recourse to compel the association to address the issue. Unit owners can potentially sue seeking an injunction against the Association, where a court essentially orders an association to comply with their duties and obligations under the governing documents. A case that encapsulates this is Amelio v. Marilyn Pines Unit II Condo. Ass’n, 173 So. 3d 1037 (Fla. 2d DCA 2015). In this case, the Amelios brought a suit against their Condominium Association for failing to address excessive moisture intrusion in their unit, which was linked to issues with the floor slab—a responsibility of the Association to repair and maintain as per the governing condominium documents. The case underscores that unit owners have a right to seek mandatory injunctions against their Association to compel them to fulfill their obligations as stipulated in the governing documents, particularly when the neglect results in irreparable harm and when there’s no adequate remedy at law. Through such injunctions, unit owners can legally press for corrective action through the courts, ensuring the Association adheres to its maintenance and repair obligations to prevent further damage or harm.
- Statutory framework: In Florida, the statutes provide a comprehensive legal framework outlining the responsibilities of HOA and Condominium Associations concerning the maintenance, repair, and insurance of common elements. Specifically, Section 718.111(11) mandates that the association is responsible for insuring the common elements, outlining the insurance coverage requirements including property insurance for all common elements. If a casualty event like a hurricane, fire, or flood causes damage, the association’s insurance may cover the repairs. The liability of the association and unit owners is also determined based on whether the damage was caused by an insurable event or other causes like normal wear and tear or intentional and negligent acts. On the other hand, Section 718.113 emphasizes the association’s duty to maintain the common elements. If the association neglects this duty and a failure to maintain common elements like roofs, walls, or pipes leads to damage in individual units, the association may be held liable for the repairs. This section also outlines the association’s responsibility for certain elements like hurricane shutters, impact glass, code-compliant windows or doors, etc., if stipulated as such in the declaration of condominium. Furthermore, if the negligence in maintaining common elements causes damage making the unit uninhabitable, the association might be liable for the consequences. These statutes collectively create a framework under which the associations operate, and deviations from these stipulated responsibilities can lead to legal repercussions. The specific obligations and liabilities may also be influenced by the governing documents of the individual community. Hence, understanding the interplay between the Florida Statutes and the community’s governing documents is crucial for both the associations and the unit owners to ensure compliance and address issues related to repairs and maintenance adequately.
Given the intricacies of the legal frameworks and the potential variance in governing documents across different HOA and Condominium Associations, it is highly advisable for individuals facing such issues to hire an attorney experienced in HOA and Condominium litigation to navigate this legal domain effectively.
What types of claims are typically covered by HOA insurance?
HOA and Condominium Associations typically carry various insurance policies for different purposes to safeguard both the association and the community against a range of potential issues and liabilities. Here are the typical types of insurance they carry:
- Property and Casualty Insurance: This insurance is carried to protect the general community and association property against insurable events such as hurricanes or fires. It covers damages to common areas or shared structures (e.g., buildings, community pools, clubhouses, sidewalks) caused by events like fires, storms, or vandalism.
- Directors and Officers (D&O) Liability Insurance: This insurance, often referred to as Errors and Omissions Insurance, is meant to protect the directors and officers of the association in case they are sued for breaches of fiduciary duty or errors in the commission of their acts as board members. It’s designed to cover claims against HOA board members or officers for alleged negligence, mismanagement, or other actions that could be seen as failures in their duties.
- General Liability or Commercial General Liability Insurance: This insurance is to protect the association against negligence claims. These claims can arise from the association’s failure to maintain common elements, leading to property damage to unit owners or claims for personal injuries to unit owners and members of the public occurring on association property.
It’s crucial to note that the coverage details may vary depending on the specific HOA and COA insurance policy as well as the governing documents of the individual community. Therefore, it’s always advisable to review your association’s documents and insurance policy to confirm the coverage details and understand the extent of protection provided against different types of claims and liabilities.
How experienced is the legal team at Perez Mayoral in handling HOA claims?
We have significant experience dealing with HOA claims, so we are well-prepared to help homeowners with problems involving their HOAs and condominium associations. Some important things to know about our experience are:
- Diverse experience: Our lawyers successfully litigated on behalf of homeowners with many different claims, such as property damage, breaches of fiduciary duty, defamation, and shareholder derivative actions.
- Unique viewpoint: Since our legal team used to represent associations and insurance companies, they have the essential knowledge about how HOAs, condominium associations, and their insurers work. This helps them understand how associations operate, which can be helpful when fighting for homeowners.
- Focusing on homeowners: Our attorneys now only represent homeowners, demonstrating our dedication to protecting homeowners’ rights and interests in disagreements with their associations. We have significant experience dealing with HOA claims, so we are well-prepared to help homeowners with problems involving their HOAs and condominium associations.
What is the average cost of hiring an attorney specializing in HOA and COA disputes?
The type of claim determines the appropriate fee structure for our legal services. Most of our practice focuses on representing homeowners and condominium owners who have experienced property damage due to their association’s failure to maintain and repair “common elements” like roofs, windows, water lines and pipes, balconies, and other association property. Generally, we handle these cases on a “contingency” basis, meaning we only get paid if we recover compensation for our clients.
For matters involving rule enforcement, selective enforcement, disputes with association board members, violations of the association’s covenants, discrimination, harassment, conflicts between neighbors, or other related issues, we typically work on a refundable retainer basis. This means that our clients pay for the work we do on the case hourly rather than a flat fee. The retainer for each matter is determined based on the projected amount of work requested by the client.
What types of disputes can be brought to an attorney specializing in HOA and COA disputes?
Attorneys specializing in HOA and COA disputes handle conflicts between homeowners and their associations, whether they are homeowners’ associations or condominium associations. These disputes can range from minor issues, such as payment of dues, to more complex matters, such as interpreting rules and regulations or enforcing covenants. These attorneys can help to resolve a wide range of issues, including but not limited to violation of association bylaws and regulations, breach of contract, disputes over property boundaries or ownership rights, failure to pay dues or assessments on time, and harassment from other members. Our practice focuses on representing homeowners experiencing property damage due to the association’s failure to maintain and repair common elements.
How can an attorney specializing in HOA and COA disputes help with these conflicts?
Disputes between associations and homeowners can arise due to various issues, such as failure to comply with rules and regulations or disagreements over assessments. In such cases, an attorney specializing in HOA and COA disputes can significantly assist in providing legal advice and resolving disputes. These attorneys can help by reviewing the association’s governing documents, researching applicable laws, negotiating settlements, and, if necessary, representing the homeowner in court. With their expertise in association law and dispute resolution strategies, attorneys specializing in HOA and COA disputes are invaluable for resolving conflicts between homeowners and their associations, particularly when it comes to addressing property damage caused by the association’s failure to maintain and repair common elements like roofs, water lines and pipes, windows, balconies, and other association property. By working closely with homeowners and utilizing their extensive knowledge of the legal system, these attorneys can help secure fair compensation for damages and ensure that associations are held accountable for their responsibilities to maintain and repair common elements within the community.
How does Perez Mayoral help homeowners with their HOA claims?
Florida experiences a shortage of law firms that represent homeowners against their associations. While numerous “HOA Attorneys” can be found online, most exclusively represent HOAs. Only a handful of law firms that represent homeowners in disputes with their associations possess the necessary knowledge, skill, and litigation experience to effectively enforce their clients’ rights and achieve results. We are one of the few firms with skilled civil litigators and trial attorneys prepared to handle various potential claims. At Perez Mayoral, we help homeowners enforce their rights against their associations by providing top-notch legal representation for all the aforementioned matters. Our dedication to representing homeowners against their associations sets us apart from Florida’s other law firms.
St. Petersburg Condo Lawyer
Condo Lawyer St. Petersburg, FL
St. Petersburg has one of Florida’s most active and diverse condominium markets, from modern waterfront high-rises along Tampa Bay to mid-rise buildings in a rapidly expanding downtown corridor, and a dense concentration of older beach-adjacent complexes throughout Pinellas County. If you own a unit here and your association has caused damage to your property, imposed an improper assessment, refused your records request, or failed to maintain the shared building components your fees are supposed to fund, you have legal options.
Our St.Petersburg, FL condo lawyer exclusively represents homeowners like you. We do not represent condominium associations, boards, or management companies. When the association’s declaration, governing documents, or rules and regulations are being used against unit owners rather than to protect them, we step in. The Perez Mayoral, P.A. litigation team carries over 100 years of combined legal experience in Florida state and federal courts. Contact us for a personalized case review.
Why Choose Perez Mayoral, P.A. for Condo Law in St. Petersburg, FL?
Condo disputes present a structural imbalance from the start. The association has board counsel, professional management, and, in property damage cases, input from insurance defense attorneys. Most unit owners walk into that dynamic with none of that support. At Perez Mayoral, P.A., we provide the representation that changes those odds, and every attorney at this firm works exclusively for unit owners.
Attorneys Whose Defense-Side Backgrounds Work for You
Roberto Garrote joined Perez Mayoral, P.A. after years of representing large national insurance carriers in coverage disputes. His background, working within the institutional machinery that evaluates, delays, and defends against property damage claims, gives him a practical understanding of how associations and their insurers approach these cases from the inside. Before his insurance work, Roberto handled complex estate planning, probate, and guardianship litigation, developing a systematic, document-focused approach to case preparation that carries directly into HOA and condo litigation. He earned his J.D. cum laude from St. Thomas University College of Law in 2021, his B.A. from Florida International University, and has been a member of The Florida Bar since 2022. He began his legal career in 2015 as a legal assistant in commercial litigation, which means he understands every stage of a condo dispute from initial file review through trial preparation.
David Grossinger, trial counsel in the firm’s property damage division, has litigated complex property damage disputes for both single-family homes and condominium properties, first on the defense side, now exclusively for unit owners. His license as a Realtor Associate informs how he approaches property valuation and repair cost analysis in litigation, giving him a concrete understanding of what damage actually costs and how to argue that number effectively. He was recognized as a 2025 Rising Stars attorney in civil litigation by Super Lawyers.
Partner Fernando A. Prego, a magna cum laude J.D. graduate of St. Thomas University School of Law and Super Lawyers 2026 Rising Stars honoree, has successfully completed the recall of an entire condominium board for cause, obtained summary judgment against an association for failing to maintain common elements that caused unit water damage, and recovered for unit owners in fire damage and records access disputes. Few condo lawyers in Pinellas County who represent unit owners bring Fernando’s documented litigation record in condominium law.
Our firm’s co-founders, Erik A. Perez and Michael P. Mayoral, each spent years at major Florida law firms representing national insurance carriers and condominium associations before founding our practice/ They have since redirected their work entirely toward supporting the rights of unit owners. Michael, a cum laude graduate of the University of Miami School of Law and member of the National Trial Lawyers, authored the Florida Condominium Dispute Checklist for Attorneys Representing Owners for LexisNexis Practical Guidance, a step-by-step guide used by Florida attorneys handling disputes under the Florida Condominium Act.
A Track Record Built Across Florida
Our attorneys have helped clients throughout Florida recover millions of dollars in condo and HOA-related disputes, including property damage recoveries, civil rights outcomes, governance victories, and results obtained through DBPR arbitration, mediation, and trial. Our appellate record includes an attorney’s fee award upheld by Florida’s Fourth District Court of Appeal and a writ of prohibition from the Third DCA resulting in the disqualification of a trial judge for apparent partiality in a condo case.
Unit Owners Only. No Exceptions.
Perez Mayoral, P.A. has never represented a condominium association, HOA board, or insurance carrier defending an association against unit owners. No competing clients. No conflicts of interest. No situations where this firm’s priorities pull in any direction other than fully toward the unit owner’s interests.
Contingency Fees for Property Damage Cases
For condo property damage claims arising from an association’s failure to maintain common elements, we typically handle those cases on a contingency basis. You pay no attorney’s fees unless we recover compensation for you.
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“Outstanding HOA law firm with a knowledgeable and responsive team. They handle complex association matters with professionalism, clarity, and efficiency. Communication is excellent, and they truly understand the needs of their clients. Highly recommend Erik Perez to anyone looking for reliable legal counsel.” — Carolina Suarez
Read more reviews on our Google Business Profile.
Types of Condo Cases We Handle in St. Petersburg
St. Petersburg’s condo landscape spans aging Gulf-adjacent buildings now subject to Florida’s post-Surfside structural inspection and reserve funding requirements, newly constructed downtown high-rises with dense governance documents, and everything in between across Pinellas County. The association’s declaration, governing documents, or rules and regulations vary by property, but the disputes we handle most consistently for St. Petersburg and Pinellas County unit owners follow recurring patterns.
- Property Damage Claims. When an association’s failure to maintain common elements such as roofs, structural slabs, shared plumbing, drainage systems, exterior walls, or balconies causes damage inside your unit, you may have a valid legal claim for repairs, mold remediation, displaced living costs, and related losses. Mold from association delay or negligence is one of the most frequently litigated categories of Florida condo property damage, and it often represents the costliest and most legally straightforward cases when the association had prior written notice of the moisture problem and failed to act.
- Condominium Association Disputes. Board governance failures, unauthorized amendments to community rules, and associations acting outside the scope of their authority under the declaration are all legally challengeable. Understanding the difference between condo declarations and rules and regulations, and which document governs when they conflict, is fundamental to how these disputes are framed and resolved under Florida law.
- Assessment Disputes and Lien Defense. Special assessments require proper authorization, written notice, and documentation before they carry legal force. When associations misapply unit owner payments, tack on unauthorized fees, or put a lien on your unit and pursue foreclosure without meeting required procedures, unit owners have real defenses that can reduce what is owed or challenge the lien’s validity entirely.
- Roof Leaks and Maintenance Failures. Condo roof leaks and who bears the financial responsibility for resulting damage are among the most contested issues in Pinellas County condo litigation. Section 718.113 states that roof maintenance is the responsibility of the association as a common element obligation, but associations frequently attempt to characterize repairs as unit owner responsibilities or attribute damage to acts that fall outside their coverage obligations. Knowing how to rebut those arguments requires understanding both the statute and the specific building’s governing documents.
- Records Access and Financial Transparency. Florida law gives unit owners the right to inspect the official records of the condo association, including financial reports, vendor contracts, insurance policies, reserve studies, and engineering assessments. When associations delay, deny, or respond incompletely to records requests, those records often contain the most critical evidence in a property damage or governance case. The association’s failure to produce them may itself support independent legal claims.
- Management Company Liability. Property management companies can incur legal liability independent of the condo association when their negligence (e.g, deferred maintenance scheduling, inadequate contractor oversight, failure to respond to documented unit owner complaints) causes or worsens damage. Suing a condo management company requires analyzing the management agreement, the company’s scope of authority, and the specific conduct that contributed to the unit owner’s harm. We evaluate and pursue both the association and the management company when the facts support it.
Florida Legal Requirements for Condo Disputes
Florida’s condo associations operate under Chapter 718 of the Florida Statutes, commonly known as the Florida Condominium Act. Our Chapter 718 attorney handles St. Petersburg and Pinellas County unit owner disputes under this statute regularly. Understanding its key provisions is the starting point for any viable condo case.
Section 718.113 establishes the association’s statutory duty to maintain and repair common elements, including roofs, structural slabs, shared plumbing systems, drainage, exterior walls, and balconies. Florida courts have held that liability under this section follows the cause of the damage, not where it appears. If the source of the problem is a common element the association was obligated to maintain, the association is financially responsible for the resulting damage, regardless of whether that damage occurs within a unit. The Amelio v. Marilyn Pines Unit II Condo. Ass’n decision confirmed that unit owners can seek mandatory injunctions compelling associations to comply with these obligations, and the McLlenan case further clarified association repair responsibilities under this framework.
Section 718.111 creates two separately enforceable obligations: an insurance requirement under subsection 11, which mandates that associations carry property insurance on common elements, and a records access right under subsection 12, which entitles unit owners to inspect official association records. Violations of either subsection can support independent legal claims.
Section 718.116 governs the assessment, lien, and collection process. Procedural failures before a lien is recorded, such as improper notice, misapplied payments, or fees added without authorization, provide grounds to challenge or reduce the amount claimed to be owed.
For St. Petersburg properties governed by an HOA rather than a condominium association, our St. Petersburg HOA lawyer handles disputes under Chapter 720. Our Chapter 720 attorney handles the parallel HOA framework for communities in Pinellas County that are not governed under Chapter 718. The Florida Division of Condominiums, Timeshares, and Mobile Homes within DBPR oversees condo associations statewide and handles certain administrative enforcement proceedings. Unit owners facing association discrimination may also have independent claims under the Fair Housing Act in addition to Florida’s statutory protections.
Important Aspects of a St. Petersburg Condo Case
The Association’s Maintenance Duty Is Statutory, Not Optional
Section 718.113 is not a best practice or a preference. It is a legal obligation backed by decades of Florida case law. When an association defers maintenance, ignores documented repair requests, or engages substandard contractors that worsen the problem, the resulting liability is real and enforceable. Whether your condo insurance covers water damage, for example, and how your policy interacts with the association’s coverage obligations are separate but closely related questions that determine how a property damage case is structured and which parties ultimately pay. The answer depends on both the policy language and the specific source of the damage, and getting that analysis right at the start of a case matters significantly.
Mold Claims Require Immediate, Documented Action
When a condo board has been informed of water intrusion or a moisture problem and fails to act within a reasonable time, each day of delay that results in mold growth constitutes additional evidence of the association’s breach. Knowing the right steps to address a condo board that ignores mold requires understanding both the legal framework for compelling remediation and the evidentiary steps that preserve a unit owner’s ability to recover the full cost. In older Pinellas County buildings with recurring moisture issues and boards that have avoided addressing the source problem for years, mold claims are factually complex but still legally viable when they are built on a clean documentary foundation from the beginning. Trust our legal team to complete each step in your legal claim to hold your HOA accountable for your property damage.
Management Companies Are a Separate Legal Target
In many St. Petersburg condo communities, the day-to-day operation of the building is handled by a professional property management company rather than directly by the board. When a management company’s negligence, which can include failure to schedule required maintenance, inadequate contractor supervision, and ignoring documented unit owner complaints, causes or compounds damage, the company may incur legal liability that is entirely independent of the association’s obligations under Section 718.113. Pursuing a claim against both the association and the management company simultaneously, when the facts support it, can significantly expand the available recovery and is a strategic consideration this firm evaluates from the outset of every property damage engagement.
The Documentary Record Determines What Can Be Proven
The outcome of almost every condo case this firm handles rests on documents. Written maintenance requests submitted to the board or property manager, photographs of the damage and its source taken at multiple points over time, meeting minutes where the issue was acknowledged and deferred, formal records demand letters and the association’s responses to them, and engineering or inspection reports all create the evidentiary foundation from which a viable legal case is built. Unit owners who begin preserving this record the moment a problem surfaces consistently have more options than those who wait until a dispute has fully escalated. A formal records inspection demand under Chapter 718 is a legal right, not a courtesy, and it frequently produces the most significant evidence in the case.
Contact Perez Mayoral, P.A.
Unit owners in St. Petersburg, FL dealing with a condo association dispute deserve attorneys who are entirely on their side, not a firm that also advises the boards they are fighting. Perez Mayoral, P.A. represents unit owners exclusively, with over 100 years of combined legal experience, a dedicated property damage division staffed by attorneys whose defense-side backgrounds directly inform how cases are built, and a published record in Florida condominium law that few firms can match. Whether your case involves property damage, a disputed assessment, board governance misconduct, a management company failure, or a records access denial, our St. Petersburg condo lawyer is prepared to evaluate your situation and fight for the outcome you deserve. Contact us to schedule a case review. We handle cases in both English and Spanish.
