HOA vs. Condo Association: Who’s Responsible for Water Damage?

At Perez Mayoral, P.A., we represent Florida homeowners in water damage disputes against their associations, whether in a condominium or a homeowners’ association (HOA). While both have governing boards, the rules for who pays for water damage are very different. If you have questions about water damage liability and how it pertains to your condo, contact our Sarasota, FL HOA lawyer.

🎥 Watch Now: 5 Things Your HOA Won’t Tell You About Property Damage

Many Florida homeowners don’t realize that their HOA’s responsibilities extend far beyond enforcing rules and collecting dues. This short video explains five key things your association won’t tell you about property damage—covering who pays for repairs, how “common elements” are defined under Florida law, and what legal rights you have when your HOA refuses to act.

Legal Differences: Chapter 718 Vs. Chapter 720

Florida law distinguishes between two types of associations:

• Condominiums are governed by Chapter 718, which imposes clear legal obligations on associations to maintain and repair common elements, including roofs, exterior walls, and shared plumbing.
• HOAs are governed by Chapter 720, which does not impose a statutory duty to maintain anything in particular. Instead, responsibilities are based on the governing documents, including the Declaration of Covenants and any maintenance schedules or rules.

Structural Differences: Why It Matters

• Condos typically involve multi-unit buildings, where owners own the interior of their unit and the association maintains all common structural components.
• HOAs usually govern single-family homes, where homeowners own the home and land, and the HOA only maintains shared spaces such as parks or sidewalks.

However, many HOAs do not fit the mold. Some include townhomes, villas, or duplex-style buildings where the HOA may still be responsible for roofs, exterior walls, or even shared plumbing. These communities function much like condominiums but are legally categorized under Chapter 720.

Water Damage In Condominiums

In a condo, if your unit is damaged by water due to a roof leak, failing waterproofing, or a broken shared pipe, the association is likely responsible.

Under Section 718.113, the association is legally required to maintain and repair common elements. If it fails to do so and causes damage, Florida law allows you to recover:

• Full repair costs
• Temporary housing expenses
• Compensation for loss of use
• Attorney’s fees under Section 718.303

We routinely file suit against condo associations for failing to act or denying responsibility when they are clearly obligated to help.

Water Damage In HOAs

Responsibility in an HOA depends entirely on the governing documents. In most single-family HOAs, the homeowner is responsible for their own home, including:

• Roofs
• Walls
• Windows and doors
• Interior plumbing and drywall

The HOA usually maintains only common areas such as green spaces, entrance signs, and shared roads. But not always.

We have handled HOA disputes where the association is actually responsible for maintaining:

• Roofs and exterior walls
• Foundations or slabs
• Shared irrigation or drainage systems
• Tree roots that damage home foundations or driveways

To determine responsibility, we perform a detailed review of the governing documents. This is especially important in communities that look like HOAs but operate like condominiums.

We provide this document review at no charge for property damage cases.

Common Association Excuses

We hear the same excuses from both condos and HOAs:

• “Check your documents. You maintain your unit, we maintain common areas.”
• “This is a neighbor-versus-neighbor issue.”
• “Call your own insurance company.”
• “We’re still investigating.”

In many cases, these statements are misleading or completely wrong. Even if a neighbor’s actions caused the damage, the association may still have a duty to intervene and help repair the common elements that allowed the damage to spread.

What We Do For Homeowners

At Perez Mayoral, P.A., we:

• Review your governing documents to determine legal responsibility
• Pursue compensation for damage, relocation, and restoration costs
• Force the responsible party to repair the actual source of the problem
• File lawsuits against associations or neighbors when necessary
• Seek recovery of your attorney’s fees where allowed

We represent homeowners only. We never represent associations.

Get Legal Help Today

If your home or condo has suffered water damage or other common condo problems and your association is denying responsibility, contact Perez Mayoral, P.A. for help. We represent homeowners throughout Florida in disputes involving roof leaks, plumbing failures, and property damage caused by associations or other unit owners. Call or email us to schedule a consultation. We will review your damage, your documents, and your legal options so you can take the right next step.