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What Happens When a Florida Condo Association Refuses to Make Repairs?

POSTED ON April 3, 2026

Short Answer

When a Florida condominium association refuses to make repairs to common elements, it is violating a statutory duty imposed by Section 718.113(1) of the Florida Condominium Act. Homeowners have the right to take legal action — including seeking a court order (injunction) forcing the association to act — under Section 718.303(1), Florida Statutes. They may also be entitled to damages for losses caused by the association’s failure, as well as attorney’s fees if they prevail. “We are studying the issue” is not a legal defense when the building is deteriorating and owners are suffering harm. An Aventura, FL condo lawyer can help enforce these rights and pursue appropriate legal remedies on behalf of affected unit owners.

How Florida Law Handles This Issue

The Florida Condominium Act, Chapter 718 of the Florida Statutes, establishes an unambiguous maintenance duty. Section 718.113(1) states that maintenance of the common elements is the responsibility of the association. This is not discretionary. It is a statutory obligation that boards cannot vote away or defer indefinitely.

Common elements — defined in Section 718.103(9) as all portions of the condominium property not included in the units — encompass the structural components of the building, roofs, exterior walls, shared plumbing infrastructure, lobbies, stairwells, elevators, pool areas, and other shared spaces. When any of these components deteriorates or is damaged, the association has a legal duty to repair, maintain, or replace them.

Florida courts have reinforced this duty. In Mitchell v. Beach Club of Hallandale Condo. Ass’n, 17 So. 3d 1265 (Fla. 4th DCA 2009), the court confirmed that Section 718.303(1) permits a unit owner to seek injunctive relief for failure of a condominium association to comply with its rules or the Condominium Act. The court also held that an alleged violation of Chapter 718 is itself a harm for which the statute authorizes injunctive relief — meaning owners do not need to separately prove irreparable harm beyond the violation itself.

The association’s duty to repair extends even to damage caused by events outside its control. Florida courts have held that associations have a non-delegable duty to maintain and repair common elements regardless of the cause of the damage. The source of the problem does not excuse the duty to fix it.

Section 718.111(5) also grants the association the power to “maintain, repair, and replace the common elements or association property” — confirming that this authority is part of the association’s core operational mandate, not an optional function.

Key Legal Rules

Maintenance of the common elements is the responsibility of the association. See Section 718.113(1), Fla. Stat.
Common elements are all portions of the condominium property not included within the boundaries of individual units. See Section 718.103(9), Fla. Stat.
A unit owner may bring an action for damages or injunctive relief against the association for failure to comply with the Florida Condominium Act or the governing documents. See Section 718.303(1), Fla. Stat.
An alleged violation of Chapter 718 is itself a harm for which Section 718.303 authorizes injunctive relief; unit owners do not need to separately prove irreparable harm. See Mitchell v. Beach Club of Hallandale Condo. Ass’n, 17 So. 3d 1265 (Fla. 4th DCA 2009).
The association has a non-delegable duty to maintain and repair common elements; the cause of damage does not relieve the association of its repair obligation.
If the association fails to provide official records within 10 working days of a written request, a rebuttable presumption of willful non-compliance is created, with minimum damages of $50 per calendar day for up to 10 days. See Section 718.111(12), Fla. Stat.
The prevailing party in a Section 718.303 enforcement action is entitled to recover reasonable attorney’s fees and costs. See Section 718.303(1), Fla. Stat.
Condominium associations must also comply with Florida’s milestone inspection and structural integrity reserve study requirements for buildings three stories or taller. See Sections 553.899 and 718.112, Fla. Stat.
Rule: The association has both a statutory duty under Section 718.113(1) and a contractual duty under the declaration to maintain, repair, and replace common elements. Exception: Limited common elements may be assigned to unit owners by the declaration. Application: When the association breaches this duty and damage results inside a unit, the owner may bring breach of contract and/or negligence claims for all proximately caused damages.
Insurance allocation does not eliminate the association’s liability for maintenance failures. The unit owner’s right to pursue the association directly for consequential damages exists independently of any insurance coverage. See Section 718.113(1), Fla. Stat.

How This Issue Typically Comes Up

Chronic water intrusion from the roof or exterior walls

An owner in a high-rise condominium reports water intrusion coming through the exterior wall and into the unit’s living space. The association acknowledges the issue but defers action, citing budget constraints and the need to “evaluate” the source of the leak. Over the following months, drywall deteriorates, mold begins to develop, and personal property is damaged. The association’s pattern of delay — rather than a single refusal — ultimately constitutes a breach of its maintenance duty under Section 718.113(1). Repeated intrusion events that the association knew about but failed to permanently resolve dramatically strengthen the homeowner’s legal position.

Deteriorating concrete structure and spalling

A condominium building’s exterior concrete shows visible spalling and rust staining consistent with corrosion of the underlying rebar. Unit owners report the condition to the board. The board acknowledges the issue in meeting minutes but takes no action for over a year, citing cost concerns and disputes with vendors. When the board’s inaction endangers the structural integrity of the building, the owners’ case for mandatory injunctive relief becomes particularly strong — especially in light of Florida’s post-Surfside milestone inspection requirements.

Association refuses to repair after an insured event

A hurricane causes substantial damage to the roof and common areas of a condominium complex. The association files an insurance claim but disputes with the insurer over scope delay the repair process. During that period, units sustain additional damage from ongoing water intrusion. Florida law places the reconstruction and repair burden on the association as a common expense for insurable events — even if the insurance claim is still being resolved. The association’s duty to act as the repair-driving party does not wait for the insurance dispute to conclude. Critically, the question of how insurance proceeds are allocated is separate from the association’s liability for the maintenance failure itself. Unit owners may pursue the association directly for all consequential damages caused by its delay in performing repairs, regardless of the status of the insurance claim.

Common Mistakes Associations Make

Claiming budget limitations excuse the duty to repair. Florida law does not provide a budget exception to the association’s maintenance obligation. If reserves are insufficient, the board has authority — and in some cases a duty — to levy a special assessment to fund the repair.
Using “board discretion” as a shield against accountability. Courts evaluating repair disputes under the business judgment rule ask two questions: whether the association has authority to act, and whether its response is reasonable. Prolonged inaction in the face of a documented, worsening condition is not protected business judgment.
Ignoring written owner notices and complaints. Documented inaction — emails left unanswered, repair requests ignored, board meeting minutes showing the issue was raised and deferred repeatedly — is precisely the kind of evidence that supports both a breach claim and an injunction.
Disputing responsibility to avoid acting. Associations sometimes argue that a defect falls within unit boundaries to avoid the repair obligation. However, if the declaration assigns the duty to the association, or if the damage originated from a common element, the re-labeling tactic does not work.
Providing band-aid repairs that do not resolve the underlying condition. Temporary patches applied to a persistent water intrusion problem, followed by a recurrence, can establish a pattern of negligence and support expanded consequential damages.

What Homeowners Should Do

Identify the exact location of the problem and check your declaration. Determine whether the damaged component is a common element, a limited common element, or within the unit boundaries. Your declaration of condominium and Section 718.113 define these boundaries.
Document everything over time. Take dated photographs and video showing the condition at multiple points. A timeline of worsening damage establishes ongoing harm and strengthens your legal position.
Put the association on notice in writing. Send a formal written notice to the board and management company identifying the specific defect, its location, the harm it is causing, and requesting a written scope and timeline for repair. Keep copies of all communications.
Request official association records. Under Section 718.111(12), Florida Statutes, you have the right to inspect the association’s official records, including engineer reports, vendor bids, insurance correspondence, and board meeting minutes related to the repair issue. Submit a written request and document the response date.
Hire an independent inspector or engineer. An expert report confirming the nature and scope of the defect, the association’s repair obligation, and the risks of continued delay is powerful evidence in any dispute or legal proceeding.
Send a demand letter through an attorney. Even one attorney letter citing the specific statutory violation and requesting a written repair schedule often prompts action that months of owner complaints did not.
Consider a pre-suit arbitration or mediation requirement. Some condo disputes must go through mandatory pre-suit dispute resolution under Section 718.1255, Florida Statutes, before a circuit court lawsuit can be filed. A Florida condominium attorney can quickly identify the correct procedural path.
Consult a Florida condominium attorney. If the association continues to delay or deny, a lawyer who represents homeowners can evaluate your grounds for injunctive relief, damages, and attorney’s fees recovery under Section 718.303.

Your Right to Sue the Association for Maintenance Failures

When a condominium association refuses to maintain, repair, or replace a common element as required by Section 718.113(1), Florida Statutes, and the declaration of condominium, and that failure causes damage inside a unit, the affected unit owner generally has two independent legal claims:

Breach of Contract

The declaration of condominium is a binding contract between the association and every unit owner. When the association fails to fulfill its maintenance obligations under the declaration and the statute, that failure is a breach of contract. The unit owner may recover damages for all losses proximately caused by the breach, including damage to interior finishes, personal property, contents, and loss of use of the unit.

Negligence

The association owes a duty of reasonable care in maintaining the common elements. When the association knew or should have known of a condition requiring repair and failed to act with reasonable diligence, the failure constitutes negligence. The unit owner may recover all damages proximately caused by the association’s negligent conduct. A pattern of repeated complaints, acknowledged defects, and deliberate inaction is particularly strong evidence of negligence.

These claims exist independently of insurance

The question of how costs are allocated between the association’s master insurance policy and the unit owner’s HO-6 policy is separate from the question of whether the association is liable for failing to maintain common elements. A unit owner may pursue the association directly for all damages proximately caused by the maintenance failure, including consequential damages such as interior finishes, contents, and loss of use, even if insurance coverage is disputed, denied, or inadequate.

If the association’s failure to maintain a common element causes damage inside your unit, you may have a claim against the association for breach of the declaration and negligence, in addition to any insurance benefits, and our firm handles these cases for Florida condominium owners.

When Legal Action May Be Necessary

Legal action is appropriate when the association has received written notice of a repair obligation, has had a reasonable opportunity to act, and continues to delay or refuse without a defensible basis. Section 718.303(1) authorizes unit owners to bring an action for damages or injunctive relief against the association for failure to comply with the Condominium Act or the governing documents. The association’s maintenance duty and the owner’s right to sue arise from the statute and the declaration — they are not dependent on insurance coverage or displaced by it.

When the damage is ongoing — water continuing to intrude, mold spreading, structural conditions worsening — courts may grant mandatory injunctive relief ordering the association to perform the repair by a specific date. The case law confirms that a violation of Chapter 718 is itself a cognizable harm for injunctive relief purposes, which lowers the bar for owners seeking court intervention.

Homeowners who prevail in a Section 718.303 action are entitled to recover reasonable attorney’s fees and costs. This fee-shifting provision is significant: it means that a homeowner who successfully compels the association to fulfill its repair obligation does not necessarily have to bear the full cost of that legal fight.

In cases involving safety concerns — structural defects, fire safety systems, elevators, or conditions that pose a risk to residents — the urgency is heightened. Courts may grant emergency injunctive relief on a shortened timeline when the ongoing condition presents a risk to health or safety.

Frequently Asked Questions

Is the condo association legally required to make repairs in Florida?

Yes. Section 718.113(1), Florida Statutes, requires condominium associations to maintain the common elements. This is a statutory duty, not a matter of board discretion. The association must inspect, maintain, repair, and replace common elements as needed. Budget concerns or internal disputes do not relieve the association of this obligation.

Can I force my condo association to make repairs through a court order?

Yes. Section 718.303(1) authorizes unit owners to seek injunctive relief against the association for failure to comply with the Condominium Act or the governing documents. Florida courts have held that a violation of Chapter 718 is itself a harm for which injunctive relief is available, and cases involving ongoing damage or safety risks may qualify for emergency relief. An attorney who represents homeowners can help evaluate whether your situation meets the standard for a mandatory injunction.

What damages can I recover if the condo association refuses to repair common elements?

A unit owner may recover damages for losses caused by the association’s failure to repair, including damage to personal property and unit interiors, loss of use of the unit or amenities, and consequential damages such as mold remediation costs. These claims are independent of any insurance coverage — the unit owner’s right to pursue the association directly for damages exists whether insurance applies, is disputed, or is denied. In a successful Section 718.303 action, the prevailing unit owner is also entitled to recover reasonable attorney’s fees and costs from the association.

What if the association claims the damage is my responsibility, not theirs?

The association’s legal obligation is determined by the declaration of condominium and Section 718.113 — not by the board’s verbal characterization of the problem. If the damaged component is a common element under the declaration, the association has the repair duty regardless of what the board claims. Obtaining an independent engineering inspection and reviewing the declaration’s specific language are the most effective steps to rebut a responsibility-shifting argument.

Does the association have to repair damage caused by another unit owner?

Yes. Florida courts have held that associations have a non-delegable duty to repair common elements regardless of what caused the damage. Even if the damage originated from another unit owner’s negligence, the association must still repair the affected common elements. The association may later seek reimbursement from the responsible owner, but it cannot refuse to act or leave the damaged owner without a remedy by pointing to a third party as the source.

Conclusion

Florida law is clear: maintaining and repairing common elements is the condominium association’s statutory duty under Section 718.113(1), and it is not subject to board discretion or budget excuses. When an association refuses to act or stalls indefinitely while damage worsens, homeowners have enforceable legal rights. Section 718.303 provides a direct path to court — including the ability to seek injunctive relief compelling repairs, recover damages for losses, and recover attorney’s fees. Documenting the condition, putting the association on written notice, and acting promptly are the keys to a successful outcome.

How We Can Help

If your Florida condominium association is refusing to make repairs, delaying action on a documented repair obligation, or denying responsibility for damage to common elements, the attorneys at our firm can help. We represent homeowners only. We never represent associations. Our offices are located in Coral Gables, Tampa, and Orlando, and we handle condominium disputes throughout the state of Florida.

Contact Perez Mayoral, P.A. to schedule a consultation.

Disclaimer: This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Laws change; consult a licensed Florida attorney for advice specific to your situation.

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