A Homeowner’s Guide to Property Damage in Condominiums and HOAs in Florida

 

 

A Homeowner’s Guide to Property Damage in Condominiums and HOAs in Florida

Provided by Perez Mayoral, P.A. – Florida attorneys representing homeowners and condo owners in disputes with their associations

If you own a condominium unit or a home in an HOA community in Florida, you’ve probably heard conflicting information when property damage occurs:

• “That’s inside your unit, so it’s your problem.”
• “You need to file a claim with your own insurance.”
• “We fixed the leak—the rest is on you.”

The reality is more complicated—and often more favorable to you than you’ve been led to believe.

Florida law imposes clear statutory and contractual duties on associations to maintain common elements and shared infrastructure. When they fail to do so, associations can be held responsible for the resulting damage inside your home, including repairs, mold remediation, and even your costs for temporary housing.

This guide explains your rights, what the law actually says, and what you should do when damage happens.

Why Property Damage Disputes Are So Common

Condominiums and HOAs rely on shared infrastructure that serves multiple homes:

• Roofs and exterior walls
• Plumbing and sewer lines serving more than one unit
• Structural slabs, beams, and columns
• Balconies and building envelopes
• Drainage systems

When something goes wrong with these shared components, three different parties often focus on three different questions:

• You focus on the damage inside your home and what it will cost to fix.
• The association focuses on whether insurance will cover it and who’s going to pay.
• The law focuses on who had the legal duty to maintain the component that failed—and whether they breached that duty.

The Law Is Clear: Associations Have Nondelegable Repair Duties

In Condominiums

Florida’s Condominium Act is unambiguous:

The association is responsible for maintenance of the common elements.
Section 718.113(1), Florida Statutes

“Common elements” means all portions of the condominium property not included in the units—which typically includes everything between the unfinished surfaces of your walls, floor, and ceiling.

This duty is nondelegable. That means:

• The association can’t avoid it by blaming a contractor.
• The association can’t avoid it by saying a unit owner caused the problem.
• The association can’t avoid it by pointing to its insurance carrier.

The McLlenan Case: A Landmark Decision

In McLlenan v. Cypress Chase North Condominium No. 4 Association, Inc., Florida’s Fourth District Court of Appeal made this perfectly clear:

• A leak from an upstairs unit caused water and sewage damage in the downstairs unit.
• The association tried to argue it wasn’t responsible because the leak came from a unit.
• The court said the association had a duty to repair the common elements (the space between floors) regardless of the cause.
• The association could later seek reimbursement from the negligent upstairs owner, but it could not refuse to make the repairs.

Key takeaway: Even if another unit owner caused the problem, the association must still repair the common elements and address the resulting damage. Their remedy is to go after that owner later—not to leave you stuck with the bill.

In HOAs

Homeowners associations are governed primarily by their recorded declarations and covenants, not the Condominium Act. But many HOA declarations still impose maintenance duties on the association for:

• Roofs
• Exterior walls and siding
• Shared drainage or utility systems
• Structural components in townhouse or villa-style communities

If your HOA declaration says the association is responsible for maintaining something, that’s a binding contract. When the association breaches that duty and damage results, you can hold them accountable.

What Happens When the Association Hires a Contractor?

Many associations assume they’re off the hook if they hire a contractor to do repairs. That’s not true when a nondelegable duty exists.

The Walters Case: Associations Can’t Hide Behind Contractors

In Walters v. Beach Club Villas Condominium, Inc., a contractor working on a common-area dock caused an injury. The association tried to argue it wasn’t liable because an independent contractor did the work.

Florida’s Third District Court of Appeal disagreed:

• The association had a nondelegable duty to maintain the dock under both statute and its declaration.
• Because of that duty, the association was held jointly and severally liable for the contractor’s negligence.

What this means for property damage:

If the association hires a contractor who:

• Over-demolishes your unit
• Fails to properly remediate mold
• Causes additional water damage during repairs

The association can still be held responsible because its duty to maintain and repair common elements is nondelegable.

Common Types of Property Damage Claims

1. Water Intrusion and Plumbing Failures

This is the most frequent source of disputes:

• Roof leaks
• Failed waterproofing on exterior walls
• Burst pipes serving multiple units
• Sewer line backups or failures
• Recurring drainage problems

These events routinely damage drywall, flooring, cabinetry, electrical systems, and personal belongings.

2. Structural and Building Envelope Problems

Cracked slabs, deteriorating concrete, failing balconies, and compromised exterior walls are typically common elements. When associations delay necessary repairs after being notified, the resulting interior water intrusion can form the basis for multiple legal claims: negligence, breach of contract, and statutory violations.

3. Mold and Environmental Damage

Mold almost always signals prolonged moisture and inadequate or delayed remediation. It can make your home temporarily uninhabitable and cause serious health issues.

Interior finishes—your flooring, cabinets, baseboards, paint—are often damaged twice:

1. First by the water event itself
2. Again by overly aggressive demolition during poorly supervised association repairs

4. Loss of Use and Displacement Costs

When your home becomes unsafe or uninhabitable, you may incur:

• Hotel or temporary housing costs
• Moving and storage expenses
• Lost rental income if you lease the property

These “loss of use” damages are recoverable when they flow naturally from the association’s breach of duty.

Insurance Does Not Decide Who’s Legally Responsible

Here’s a critical point many associations get wrong:

Insurance is a funding mechanism. It does not determine legal duties.

• The association’s statutory duty under Florida law exists whether or not its insurance carrier accepts the claim.
• The association’s contractual duty under the declaration exists whether or not a deductible applies.
• Hiring a contractor or relying on an insurance company’s position does not eliminate the association’s liability when a nondelegable duty exists.

Section 718.113(1) of the Florida Statutes contains no exception that relieves the association of its maintenance duty when damage was caused by an individual unit owner. The association must still repair—it can seek reimbursement later.

Recurring Damage Changes Everything

If you’ve experienced the same problem multiple times—repeated leaks, ongoing moisture, recurring backups—that dramatically strengthens your legal position.

Recurrence establishes:

• The association had prior notice of a defective condition
• The association failed to adequately investigate the root cause
• The association failed to implement a permanent fix

In McLlenan, the unit experienced multiple leaks over several months. The association initially did little, then performed only partial remediation—tearing out the kitchen but failing to properly address mold that had spread throughout the unit.

Patterns of recurring damage support:

• Negligence claims (the association knew and failed to act)
• Expanded consequential damages (additional mold growth, extended uninhabitability)

Your Governing Documents Matter—But They’re Not a Shield

Your condominium declaration or HOA covenants allocate maintenance responsibilities, but they do not permit associations to ignore known problems or refuse to repair common elements.

Associations often cite provisions stating that owners are responsible for interior finishes (walls, flooring, cabinets) as a complete defense.

That argument frequently fails when you can prove that your interior damages were caused by the association’s failure to maintain or timely repair components under its control.

Under Florida law, when an association breaches its maintenance duty, it can be liable for foreseeable consequential damages—including damage inside your unit and loss-of-use costs.

What You Should Do When Damage Occurs

Protect yourself and preserve your legal rights by taking these steps immediately:

1. Document Everything

• Take clear photos and videos of the damage, the suspected source, visible mold, and staining
• Repeat documentation after each new event or repair attempt
• Create a timeline of when each incident occurred

2. Provide Written Notice

• Report the issue in writing to both management and the board (email and certified mail if appropriate)
• Describe the problem, dates of occurrence, and any health or habitability concerns
• Keep copies of everything

3. Request Information

• Ask whether the association has filed a claim with its master insurance carrier
• Request the claim number, adjuster contact information, and any written reports
• Ask for copies of any remediation protocols or contractor proposals

4. Track All Expenses

Keep receipts for:

• Emergency repairs
• Temporary housing and meals
• Moving and storage costs
• Cleaning and laundry
• Medical visits related to mold or environmental exposure
• Lost rental income

These can all become part of your damages claim.

5. Be Cautious with Documents

Do not sign:

• Broad liability releases
• Waivers of future claims
• “Settlement” agreements tied to partial repairs or limited reimbursements

Get legal review first, especially when recurring or structural problems exist.

Key Legal Takeaways for Florida Owners

1. Interior damage is not automatically your responsibility. When it’s caused or worsened by the association’s failure to maintain common elements, the association can be liable.
2. In condominiums, the association has a statutory, nondelegable duty to maintain common elements under section 718.113(1), Florida Statutes. Court decisions like Walters and McLlenan reinforce this.
3. The cause of damage doesn’t relieve the association’s repair duty. Even if a negligent unit owner caused the problem, the association must still repair the common elements. It can seek reimbursement later.
4. Hiring a contractor doesn’t break the chain of responsibility. When a nondelegable duty exists, the association can be held liable for the contractor’s negligence.
5. Recurring damage and delayed repairs strengthen your claim by establishing notice, pattern, and foreseeability of greater harm.
6. Documentation and written notice are critical. They preserve your legal rights and counter improper denials or attempts to shift all responsibility onto you.

Need Help?

If you’re dealing with property damage in a condominium or HOA-governed home and have questions about your rights and next steps, Perez Mayoral, P.A. can help.

We represent homeowners and condo owners throughout Florida in disputes with their associations, including claims for water damage, mold, structural issues, and association or contractor negligence.

Contact us:

🌐 Website: www.pmlawfla.com
📞 Phone: 305-928-1077
✉️ Email: info@pmlawfla.com

This guide is for informational purposes and does not constitute legal advice. Every case is different, and you should consult with an attorney about your specific situation.