Who Pays for Mold Damage in a Florida Condominium?

Key Takeaways

• The condominium association is responsible for mold damage to common elements and originally installed drywall. Section 718.111(11)(f), Florida Statutes, requires the association to maintain insurance on the condominium property as originally installed, including drywall within the units.
• The association’s insurance policy does not cover personal property, floor coverings, wall coverings, cabinets, and appliances. However, if mold damage to these items was caused by the association’s failure to maintain a common element, the unit owner may have a direct claim against the association for all proximately caused damages, including personal property losses, independently of insurance. See Section 718.113(1), Fla. Stat.
• Deductibles are a common expense — unless the owner caused the damage. Section 718.111(11)(j) directs that insurance deductibles are a common expense of the association, with one critical exception: if the mold damage results from the negligence or intentional conduct of a unit owner, that owner bears the deductible.
• Associations may opt out of certain repair obligations by amending their documents. Section 718.111(11)(k) permits associations to pass the repair responsibility back to unit owners through a provision in the declaration, subject to specific conditions.
• Exterior walls, roofs, and plumbing serving more than one unit are common elements — the association’s responsibility. Moisture intrusion through these components triggers the association’s maintenance and insurance obligations under Section 718.113(1).

In This Article

• Short Answer
• How Florida Law Handles This Issue
• Key Legal Rules
• Association vs. Unit Owner: Responsibility Comparison
• How This Issue Typically Comes Up
• Common Mistakes Associations Make
• What Associations Typically Argue — and Why It Fails
• How Courts Handle This
• Edge Cases and Nuances
• What Homeowners Should Do
• When Legal Action May Be Necessary
• Actionable Summary
• Related Knowledge — Cross-Chapter Linking
• Frequently Asked Questions
• Key Terms Defined

Short Answer

In a Florida condominium, who pays for mold damage depends on where the mold originated and whether the damage was caused by negligence. If mold results from a common element — such as a leaking pipe serving multiple units, a failed roof, or moisture penetrating an exterior wall — the association is responsible for repairing the structure and drywall as originally installed. The association’s insurance does not cover personal property, floor and wall coverings, or upgrades above original specifications — but if the mold resulted from the association’s failure to maintain a common element, the unit owner may pursue the association directly for all proximately caused damages, including personal property, through a breach of contract or negligence claim. Deductibles are a shared common expense unless the damage was caused by the owner’s negligence, in which case that owner is responsible for the deductible. This framework is set out in Sections 718.111(11)(f), 718.111(11)(j), and 718.113(1), Florida Statutes. A Cape Coral, FL condo lawyer can help analyze liability, interpret governing documents, and pursue or defend claims related to mold damage.

How Florida Law Handles This Issue

The Florida Condominium Act establishes a detailed framework for property insurance and maintenance obligations that directly controls who pays when mold damage occurs. Understanding this framework requires examining several interlocking statutory provisions.

Association Insurance Obligations — Section 718.111(11)(f)

Section 718.111(11)(f) requires every condominium association to obtain and maintain insurance for all portions of the condominium property as originally installed. The statute specifies what is covered:

“Every property insurance policy issued or renewed on or after January 1, 2009, for the purpose of protecting the condominium must provide primary coverage for: 1. All portions of the condominium property as originally installed or replacement of like kind and quality, in accordance with the original plans and specifications.”

The statute expressly lists drywall as part of the insurable condominium property. This means that when mold damages the drywall — whether from a common element leak, roof failure, or exterior wall moisture — the association’s insurance policy must cover the cost of restoring that drywall to its originally installed condition. However, the statute is equally explicit about what the association does NOT cover: all floor coverings, wall coverings, ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments, including blinds, curtains, and drapes.

Maintenance of Common Elements — Section 718.113(1)

Section 718.113(1) assigns the maintenance obligation for common elements to the association:

“Maintenance of the common elements is the responsibility of the association, except for any maintenance responsibility for limited common elements assigned to the unit owner by the declaration.”

Common elements include the roof, exterior walls, structural components, hallways, stairwells, and plumbing that serves more than one unit. When mold originates from a failure of any of these components — a pipe that bursts inside a common wall, water that infiltrates through a failing roof membrane, or moisture that seeps through an exterior wall with failed waterproofing — the association is responsible both for repairing the source and for remediating the resulting mold in the common areas and in the originally installed structural components of affected units.

Deductibles as a Common Expense — Section 718.111(11)(j)

Section 718.111(11)(j) addresses one of the most contested financial questions in mold claims: who pays the insurance deductible?

“All property insurance deductibles and other damages in excess of property insurance coverage under the property insurance policies maintained by the association are a common expense of the condominium, except that: 1. A unit owner is responsible for the costs of repair or replacement of any portion of the condominium property not paid by insurance proceeds if such damage is caused by intentional conduct, negligence, or failure to comply with the terms of the declaration or the rules of the association by a unit owner, the members of his or her family, unit occupants, tenants, guests, or invitees, without compromise of the subrogation rights of the insurer.”

This provision means that when mold results from a common element failure that no owner caused — a gradual pipe leak behind a wall, for example — the deductible is spread across all unit owners as part of the common budget. But when the mold results from an owner’s failure to report a leaking toilet, failure to maintain their unit, or some other negligent act, that owner is on the hook for the entire deductible.

The Opt-Out Provision — Section 718.111(11)(k)

Section 718.111(11)(k) allows associations to shift certain repair responsibilities back to unit owners by adopting an amendment to the declaration. Under this provision, the association may, by amendment, require unit owners to carry their own insurance covering the condominium property within their units, effectively removing the association from the unit-level insurance equation. This is the “opt-out” provision, and it materially changes the analysis in communities that have adopted it.

Key Legal Rules

• Rule: The association must insure all portions of the condominium property as originally installed, including drywall. Application: Mold damage to drywall from a common element failure = association’s insurance claim. See Section 718.111(11)(f), Fla. Stat.
• Rule: Maintenance of common elements is the association’s responsibility. Application: The association must repair the source of mold in common elements and restore the structure. See Section 718.113(1), Fla. Stat.
• Rule: Insurance deductibles are a common expense UNLESS damage is caused by unit owner negligence. Application: If an owner’s failure to report a leak caused the mold, the deductible falls on that owner. See Section 718.111(11)(j), Fla. Stat.
• Rule: The association’s insurance excludes personal property and non-structural improvements. Exception: If mold damage to these items was proximately caused by the association’s failure to maintain a common element, the unit owner may pursue the association directly through breach of contract or negligence claims for all consequential damages, including personal property. Application: Insurance allocation is a separate question from liability. See Sections 718.111(11)(f) and 718.113(1), Fla. Stat.
• Rule: Associations may opt out of unit-level insurance obligations via Section 718.111(11)(k) amendment. Application: In opt-out buildings, owners must maintain their own insurance for the structural components within their unit.
• 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. See Section 718.113(1), Fla. Stat.
• Rule: 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.

Association vs. Unit Owner: Responsibility Comparison

Item / Damage Type	Association Responsibility	Unit Owner Responsibility
Drywall (originally installed)	Yes — insurance must cover as originally installed per Section 718.111(11)(f)	No, unless opt-out amendment adopted
Structural components (walls, floors, ceilings)	Yes — common elements are association’s maintenance obligation per Section 718.113(1)	No
Plumbing serving multiple units	Yes — common element	No
Floor coverings (tile, hardwood, carpet)	Not covered by association insurance, but association may be liable directly if damage caused by maintenance failure	Yes
Wall and ceiling coverings (paint above drywall, wallpaper)	Not covered by association insurance, but association may be liable directly if damage caused by maintenance failure	Yes
Appliances, water heaters, cabinets	Not covered by association insurance, but association may be liable directly if damage caused by maintenance failure	Yes
Personal property (furniture, electronics, clothing)	Not covered by association insurance, but association may be liable directly if damage caused by maintenance failure	Yes
Insurance deductible — common element failure	Yes — funded as common expense	No (unless negligence)
Insurance deductible — owner negligence caused mold	No	Yes — charged to that owner per Section 718.111(11)(j)
Mold remediation in common hallways/areas	Yes	No
In-unit mold remediation (opt-out building)	No — owner’s responsibility per Section 718.111(11)(k)	Yes

How This Issue Typically Comes Up

Scenario 1: Common element pipe leak causing mold in a Miami-Dade high-rise

A supply line running through a common wall in a 30-story condominium tower in Miami-Dade County develops a pinhole leak that goes undetected for months. By the time the leak is discovered, mold has colonized the drywall on both sides of the wall — inside the common area and inside three adjacent units. The association files an insurance claim. The association’s insurer covers the drywall restoration and mold remediation to the structural components. The three affected unit owners file claims with their own HO-6 policies for damaged furniture and belongings. They also have potential breach of contract and negligence claims against the association for all losses proximately caused by the association’s failure to detect and repair the leaking common element pipe. The association’s deductible is allocated as a common expense across all 200 units.

Scenario 2: Exterior wall moisture intrusion in a Broward County building

A condominium in Broward County has aging exterior waterproofing on its eastern facade. During a heavy rainy season, water begins infiltrating through window frames and the exterior wall system, causing mold to develop inside multiple units along the east side of the building. Homeowners demand that the association remediate the mold. The association argues that each owner is responsible for conditions inside their unit. However, because the source of moisture is the exterior wall — a common element — the association’s maintenance obligation under Section 718.113(1) applies, and the association is responsible for both the structural repair and the drywall restoration.

Scenario 3: Negligent owner causing mold in an adjacent unit in Tampa

A unit owner in a Tampa condominium notices a slow leak under their kitchen sink but does not report it to the association or repair it for several months. The water migrates through the wall into the adjacent unit, where mold develops behind the drywall. The affected neighbor files a claim against the association’s insurance. The association determines that the source was the neighboring owner’s negligence in failing to address a known leak. Under Section 718.111(11)(j), the deductible is charged to the negligent owner. The negligent owner may also face a separate claim from the affected neighbor for damages beyond what insurance covers.

Common Mistakes Associations Make

• Refusing to file an insurance claim for mold damage originating from a common element, incorrectly treating all mold as the unit owner’s problem.
• Failing to perform timely inspections and repairs of common elements such as roofs, windows, and plumbing, which allows moisture intrusion to continue and mold to spread beyond the initial damage area.
• Applying the deductible to the affected unit owner’s account without first investigating whether the damage was caused by owner negligence, as required by Section 718.111(11)(j).
• Conflating insurance coverage with liability. The association’s insurance may not cover personal property, but the association itself may still be liable for personal property losses caused by its failure to maintain common elements.
• Relying on an opt-out amendment without confirming it was properly adopted, is in the current version of the declaration, and was properly disclosed to owners at purchase.

What Associations Typically Argue — and Why It Fails

“The mold is inside your unit, so it is your responsibility.”

This argument conflates the location of the damage with the source of the problem. Section 718.113(1) assigns maintenance of common elements to the association. If the mold resulted from a common element failure — a pipe, roof, exterior wall — the association is responsible for repairing the source and restoring the structural components, regardless of which side of the wall the mold is visible on.

“Our declaration says owners are responsible for everything inside their unit.”

Declaration language cannot override the statutory framework in Section 718.111(11)(f) and Section 718.113(1). Unless the association has properly adopted a Section 718.111(11)(k) opt-out amendment — a specific statutory process — the association’s insurance obligations under the statute remain in place.

“You caused the mold by not reporting the leak.”

This argument has merit only if the association can demonstrate that the owner knew of the leak, failed to report it in a manner constituting negligence, and that this failure was the proximate cause of the mold damage. A mere allegation of negligence is insufficient to shift the deductible under Section 718.111(11)(j). The association must establish causation.

How Courts Handle This

Florida courts apply the statutory framework directly when resolving mold damage disputes in condominiums. The threshold question is always the source: did the moisture originate from a common element or from within the unit? Courts examine the physical evidence, maintenance records, inspection reports, and expert testimony to make this determination.

When the source is a common element, courts hold associations to their maintenance and insurance obligations under Sections 718.113(1) and 718.111(11)(f). Associations that attempt to avoid responsibility by pointing to declaration language that conflicts with the statute generally do not prevail, because the Condominium Act’s requirements are minimum standards that declarations cannot reduce.

Courts have also applied the negligence exception in Section 718.111(11)(j) in both directions — to require associations to absorb deductibles when owners are not at fault, and to require individual owners to pay deductibles when their negligent conduct is established. The burden is on the party claiming negligence to prove causation.

In communities throughout Miami-Dade, Broward, and the Tampa Bay area, courts and arbitration panels have consistently followed the statutory allocation of responsibility, making it difficult for associations to shift costs to owners without a valid opt-out amendment or a clear showing of owner negligence.

Edge Cases and Nuances

• The opt-out provision and its requirements. Section 718.111(11)(k) allows an association to eliminate its obligation to insure the condominium property within units by amending the declaration. However, the opt-out is not self-executing. The amendment must be properly adopted, must be disclosed in the association’s financial plan, and must specify the types of coverage the unit owners are required to maintain individually. Owners in opt-out buildings bear the cost of structural damage and mold remediation within their units. Buyers should review the current declaration carefully before purchasing in any Florida condominium to determine whether an opt-out is in effect.
• The negligent owner exception and proximate cause. Section 718.111(11)(j) charges the deductible to the owner who caused the damage through negligence or intentional conduct. Courts require a showing of proximate cause, not mere presence of the owner’s unit as the starting point. An owner whose toilet supply line failed without warning due to a manufacturing defect is not necessarily negligent. An owner who observed a slow leak for weeks and did nothing likely is. The distinction turns on what the owner knew, when they knew it, and what a reasonable person would have done.
• Pre-existing mold conditions and prior ownership. When mold damage is discovered after a unit is sold, disputes arise about whether the mold pre-existed the sale and whether the seller or association had knowledge. The association’s maintenance records, inspection logs, and prior insurance claims become critical evidence. Buyers who failed to conduct an independent inspection may have limited claims against the association if the condition was pre-existing and visible upon inspection.
• Self-insured retention (SIR) and deductible disputes. Some associations maintain policies with high self-insured retentions that function like large deductibles. When the SIR equals or exceeds the cost of a mold claim, the association may be paying the entire cost out of the reserve fund rather than through an active insurance claim. The same Section 718.111(11)(j) analysis applies: the SIR is a common expense unless the damage was caused by owner negligence.

What Homeowners Should Do

1. Report the moisture or mold to the association in writing immediately. Under Section 718.113(1), the association is obligated to maintain common elements, but that obligation is triggered by notice. A written report by email or certified mail creates a record and starts the clock on the association’s duty to respond.
2. Document the damage thoroughly with photographs, videos, and written descriptions dated at the time of discovery. Preserve all communication with the association.
3. Request the association’s insurance policy and declarations page. Under Section 718.111(12), unit owners have the right to inspect and copy the association’s official records, which include insurance policies. Confirm whether an opt-out amendment under Section 718.111(11)(k) is in effect.
4. Identify the source of the moisture. Commission an independent inspection by a licensed contractor or engineer if the association disputes that the source is a common element. Physical evidence of the source — a cracked pipe, failed window seal, deteriorated exterior caulking — is the foundation of your claim.
5. File a claim with your HO-6 policy for personal property losses. The association’s insurance does not cover your furniture, clothing, or personal belongings. However, if the mold was caused by the association’s failure to maintain a common element, you may also have a direct claim against the association for all consequential damages, including personal property, through breach of contract or negligence. Insurance allocation does not eliminate the association’s liability.
6. If the association refuses to act, send a written demand citing the applicable statutes. A demand letter citing Section 718.113(1) and Section 718.111(11)(f) puts the association on formal notice and creates a record for litigation or arbitration if necessary.
7. Consult a Florida attorney experienced in condominium property damage if the association denies responsibility or delays remediation. Mold can spread quickly, and delay may be used against you.

When Legal Action May Be Necessary

Legal action may be warranted when the association refuses to repair a known common element defect that is causing or contributing to mold, when the association wrongfully attempts to charge the deductible to an owner who was not negligent, or when the association delays remediation in a manner that causes additional damage. Homeowners may seek injunctive relief to compel immediate repairs, declaratory relief to establish the allocation of responsibility, or damages for remediation costs the owner was forced to incur. Actions under Section 718.303 may entitle the prevailing party to attorney fees. In cases involving significant personal property loss or health impacts from mold exposure, additional tort claims may be available.

Your Right to Sue the Association for Maintenance Failures

When a condominium association fails 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 mold damage inside a unit, the affected unit owner generally has two independent legal claims.

First, the unit owner may bring a breach of contract claim. 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.

Second, the unit owner may bring a negligence claim. 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.

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.

Actionable Summary

Situation	Who Pays	Legal Basis
Mold from common element pipe or roof failure — drywall damage	Association (insurance claim)	Section 718.111(11)(f), 718.113(1)
Mold damage to owner’s flooring, tile, cabinets	Unit owner (own insurance)	Section 718.111(11)(f) exclusions
Mold damage to personal property (furniture, electronics)	Unit owner’s HO-6 policy; but owner may also claim against association directly if caused by maintenance failure	Insurance allocation is separate from liability
Insurance deductible — no owner negligence	Association (common expense)	Section 718.111(11)(j)
Insurance deductible — owner negligence caused damage	Negligent unit owner	Section 718.111(11)(j) exception
All mold in opt-out building (Section 718.111(11)(k))	Unit owner	Declaration opt-out amendment
Mold in common hallways and shared spaces	Association	Section 718.113(1)

Related Knowledge — Cross-Chapter Linking

Chapter 718 (Condominiums): Section 718.111(11)(f) governs association property insurance obligations and lists what is covered and excluded. Section 718.113(1) assigns common element maintenance to the association. Section 718.111(11)(j) controls deductible allocation. Section 718.111(11)(k) provides the opt-out mechanism. Together, these provisions create a comprehensive framework for mold damage responsibility in condominiums.

Chapter 720 (HOAs): HOAs do not have a statutory analog to the detailed insurance and maintenance framework in Section 718.111(11). In HOA-governed single-family or townhome communities, the governing documents (CC&Rs and bylaws) primarily control who is responsible for structural components, exterior walls, and roofs. HOA governing documents vary widely. Homeowners in HOA communities experiencing mold from common-area failures should review their specific governing documents and consult counsel, as the analysis differs materially from the condominium context.

Frequently Asked Questions

If mold is in my unit, does that automatically mean I have to pay for it?

Not necessarily. The key question is where the moisture originated. If the source was a common element — a pipe in the wall serving multiple units, the roof, or the exterior wall — the association is responsible for repairing the structural components and drywall as originally installed under Sections 718.113(1) and 718.111(11)(f). The association’s insurance does not cover personal property, floor coverings, or non-original finishes — but if the mold was caused by the association’s failure to maintain the common element, you may also have a direct claim against the association for all damages, including personal property and loss of use, through breach of contract or negligence.

Can the association charge me the insurance deductible because the mold was in my unit?

Not automatically. Under Section 718.111(11)(j), the deductible is a common expense unless the damage was caused by your negligence or intentional conduct. If the mold resulted from a common element failure, the deductible is shared by all unit owners. The association must establish that your negligence was the proximate cause before charging the deductible to your account.

What is the opt-out provision, and does it apply to my building?

Section 718.111(11)(k) permits an association to amend its declaration to require unit owners to maintain their own insurance for all property within their units, effectively removing the association from the unit-level insurance equation. If your building has adopted this opt-out amendment, you are responsible for all mold remediation costs within your unit, including drywall and structural components. Review your declaration or ask the association’s manager whether an opt-out is in effect.

What if the association refuses to repair the common element that is causing the mold?

Send a written demand citing Section 718.113(1) and Section 718.111(11)(f). If the association does not respond within a reasonable time, you may seek injunctive relief through the circuit court to compel repairs, file a complaint with the Division of Florida Condominiums, Timeshares, and Mobile Homes, or initiate an action under Section 718.303. Mold spreads; do not wait indefinitely for a voluntary response.

Is the association responsible for mold damage to my furniture and personal belongings?

The association’s insurance policy does not cover personal property — Section 718.111(11)(f) excludes furniture, electronics, clothing, and similar items from the association’s coverage. You should file a claim with your own HO-6 or renters’ policy for these items. However, insurance allocation is a separate question from liability. If the mold was caused by the association’s failure to maintain a common element under Section 718.113(1), you may have a direct breach of contract or negligence claim against the association for all damages proximately caused by the maintenance failure, including personal property losses and loss of use, regardless of insurance coverage.

Key Terms Defined

Common elements: Those portions of the condominium property not included within the units, including the roof, exterior walls, floors, ceilings, stairwells, hallways, and plumbing serving more than one unit. Under Section 718.113(1), the association is responsible for maintaining common elements.

Insurable event: A covered loss under the association’s property insurance policy. Under Section 718.111(11)(j), the costs associated with an insurable event, including the deductible, are treated as a common expense unless the damage was caused by an individual unit owner’s negligence.

Property insurance deductible: The amount the insured (here, the association) must pay out of pocket before the insurance policy pays the remainder of a covered claim. Under Section 718.111(11)(j), the deductible is a common expense charged to all unit owners unless the negligence of a specific owner caused the underlying damage.

Opt-out provision: A mechanism under Section 718.111(11)(k) that allows a condominium association, by declaration amendment, to shift the insurance obligation for condominium property within units from the association to the individual unit owners. In opt-out buildings, owners must individually insure the structural components and finishes within their units.

Subrogation: The legal right of an insurer who pays a claim to step into the shoes of the insured and pursue recovery from the party responsible for the loss. If the association’s insurer pays to remediate mold caused by a negligent owner, the insurer may pursue a subrogation claim against that owner to recover the amount paid.

Conclusion

Mold damage in a Florida condominium presents a layered question that turns on the source of the moisture, the nature of the damaged property, and whether any owner’s negligence contributed to the loss. The Florida Condominium Act provides a clear statutory framework through Sections 718.111(11)(f), 718.113(1), and 718.111(11)(j) that assigns responsibility to the association for common element failures and originally installed structural components, while the association’s insurance excludes personal property, upgraded finishes, and floor coverings. However, when mold damage results from the association’s failure to maintain a common element, the unit owner’s right to pursue the association directly for all consequential damages — including personal property — through breach of contract or negligence claims exists independently of the insurance framework.

Unit owners who experience mold damage should document the source, report it in writing to the association immediately, and understand that while the association’s insurance and the unit owner’s HO-6 policy each cover different categories of property, the duty to maintain common elements and the right to sue for damages caused by a maintenance failure exist independently of insurance allocation. When associations refuse to honor their statutory obligations, legal remedies are available, including injunctive relief to compel repairs and recovery of attorney fees under Section 718.303.

The law protects unit owners from bearing the full cost of mold damage caused by the association’s failure to maintain common elements. Understanding your rights under the statute — and insisting on them in writing — is the first and most important step.

About the Author

Michael P. Mayoral, Esq. | Florida Bar No. 112080

Michael Mayoral is a founding partner of Perez Mayoral, P.A. and focuses his practice on representing condominium and HOA homeowners in property damage, water intrusion, and structural defect disputes throughout Florida. He has represented clients in complex mold and water damage litigation against condominium associations in Miami-Dade, Broward, and Palm Beach counties. Mr. Mayoral’s work has been recognized by NBC Miami, the Daily Business Review, and the Sun Sentinel. His analysis of Florida condominium law has been cited in the LexisNexis practice guide on Florida community association law. He is committed exclusively to representing homeowners — not associations, management companies, or developers.

Speak with a Florida Condominium Attorney

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.

If your condominium association is refusing to repair mold damage caused by a common element, charging you a deductible you do not owe, or denying responsibility for moisture intrusion through an exterior wall or roof, the attorneys at our firm can evaluate your claim. We represent homeowners only.

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.

Sources and References

• Section 718.111(11)(f), Florida Statutes (2025) — Association property insurance obligations
• Section 718.111(11)(j), Florida Statutes (2025) — Insurance deductibles as common expense
• Section 718.111(11)(k), Florida Statutes (2025) — Opt-out provision
• Section 718.113(1), Florida Statutes (2025) — Maintenance of common elements
• Section 718.303, Florida Statutes (2025) — Actions, remedies, and attorney fees
• Section 718.111(12), Florida Statutes (2025) — Official records inspection rights
• Florida Division of Condominiums, Timeshares, and Mobile Homes — www.myfloridalicense.com