Who Is Responsible for Water Damage in a Condo

At Perez Mayoral, P.A., we represent Florida condo owners in property damage disputes—including cases involving roof leaks, slab failures, and water intrusion from neighboring units. If you need help with a condo or HOA issue, our Fort Lauderdale, FL HOA lawyer is here to help.

One of the most common questions we hear is:
Who is actually responsible for the water damage in my unit?

While insurance may play a role, the real answer comes down to the source of the leak, the language of your condo’s governing documents, and Florida law. If your association or a neighbor is at fault, you may be entitled to recover damages—even if your insurance company denies the claim.

Understanding Responsibility: Unit Vs. Common Elements

Responsibility for water damage usually falls on one of three parties:

1. You, the Unit Owner
2. Another Unit Owner
3. The Condominium Association

To determine who is legally responsible, we first identify where the water originated and whether the damaged area falls within a unit or a common element.

• Units typically include everything from the drywall inward (walls, floors, ceilings, cabinets, appliances, etc.).
• Common elements include things like the roof, structural walls, plumbing lines between units, and exterior walls or stucco.

Key Florida Statutes That Apply

Florida Statute 718.113
Requires the association to maintain, repair, and replace common elements. If the water intrusion came from a common element—such as a leaking roof, cracked stucco, or failed plumbing line—the association is responsible for the repairs and any resulting damage.

Florida Statute 718.303
Gives owners the right to enforce the association’s maintenance duties and pursue damages or other relief if those duties are violated.

Examples Of How Liability Is Assigned

• A roof leak causes ceiling damage in your unit
  This is likely the association’s responsibility. Roofs are common elements, and the association must maintain them.
• A neighbor’s washing machine overflows and floods your floor
  The neighbor is likely responsible if the overflow resulted from their negligence. We can pursue a claim directly against the neighbor and, in some cases, also hold the association accountable if they refused to act.
• Water comes in through cracks around windows or stucco
  These cases depend heavily on your condo declaration. Windows may be the unit owner’s responsibility, but the stucco or building envelope is often the association’s duty to maintain. We review your documents to sort it out.

Associations Often Deny Responsibility

At Perez Mayoral, P.A., we have spoken with over a thousand homeowners facing condo leak issues, and the patterns are disturbingly familiar. Associations often follow the same playbook when an obvious roof leak or other common element failure causes damage to a unit. Their approach is designed to confuse, delay, and deny responsibility—regardless of what the law or governing documents actually require.

1. “Look At The Declaration—You Maintain Your Unit”

Associations often tell owners, “You are responsible for what’s inside your unit, so we’ll fix the roof, but you have to fix your own damage.” On the surface, that sounds reasonable because most declarations do say unit owners maintain their interiors while associations maintain common elements. But this is not a maintenance issue—it is a liability issue.

If an association fails to maintain the roof or other common elements, and that failure causes damage, they have committed a breach of the declaration. The fact that you are usually responsible for maintaining your walls or floors does not mean you are responsible when someone else damages them. This is no different from a car accident. You are normally responsible for maintaining your car, and so am I—but if I crash into your car, I am responsible for the damage, not you.

2. “Just Call Your Insurance”

The next common tactic is to shift the problem to the homeowner’s insurance company. Associations often say, “You are required to carry insurance on your unit, so file a claim.” This may be true procedurally, but it misses the point entirely.

Insurance may pay to fix the damage, just like in a car accident, but that does not excuse the responsible party from liability. The proper legal path is to identify who caused the damage and hold them accountable. Associations know this, but they use insurance as a smokescreen to avoid paying for damage caused by their own failure to maintain common elements.

3. “This Is Between You And The Other Unit Owner”

When the damage originates from another unit, associations often say, “This is a unit owner versus unit owner dispute, so we won’t get involved.” That is incorrect under Florida law.

Condo associations are required to maintain and repair the common elements and shared components between units. This includes shared walls, ceilings, and other structural elements. When water passes through these areas and into another unit, the association often has a duty to act—even if the original source was a neighbor’s appliance or plumbing. We regularly sue associations for failing to step in and resolve these issues, especially when their inaction allows the damage to worsen.

4. “We’re Looking Into It”

Finally, the most frustrating tactic of all: doing nothing. Associations will often tell owners they are “looking into it,” or “waiting on quotes,” or “working on a solution.” Meanwhile, weeks turn into months, and months turn into years. Many of our clients come to us only after years of delay, broken promises, and worsening damage.

If your association is giving you the runaround and refusing to take responsibility, you are not alone. These tactics are common—and we know exactly how to address them.

You Have Legal Options

If your unit has been damaged by water, do not assume you have to absorb the cost. Whether it was a neighbor’s fault, an association failure, or a combination of both, you may be entitled to:

• Repairs to your unit
• Reimbursement for temporary housing
• Recovery of personal property losses
• Attorney’s fees under Florida law

We identify the responsible party and take action to enforce your rights. If you are having any issues with your HOA such as facing mediation over an existing issue or needing to file a claim against them, our condo lawyers are here to help.

Contact Us To Investigate Your Rights

If you are dealing with water damage in your condo and aren’t sure who is responsible, let Perez Mayoral, P.A. help. We’ll review the source of the damage, your insurance coverage, and the condo documents to determine who should pay—and we’ll take action if they refuse. We represent homeowners throughout Florida in property damage disputes against condo associations and other unit owners. Call or email us to schedule a consultation.