What recourse do I have if my HOA fails to maintain common areas? – Perez Mayoral

If your HOA fails to maintain common areas and it causes damage to your home, you do have legal recourse. Under Florida law, the HOA is obligated to maintain common elements, and if they neglect this responsibility, they may have violated both the statute and the declaration between the homeowner and the association. This could potentially make the HOA liable for damages under a breach of contract theory. It’s crucial to document any damages resulting from their failure to maintain the common elements. Be sure to take photos, videos, and collect any other documentation, like invoices and estimates, that show the extent of the damage caused by the HOA’s neglect. If you have any questions please give us a call.