HOA & Condo Law
We help condo owners resolve HOA disputes, water damage, mold, and neighbor claims, ensuring fast resolutions and protecting their property rights.
HOA & Condo Law: Protecting Your Rights as a Unit Owner
Condominium and HOA disputes can be stressful and time-consuming, especially when boards or associations are slow to act. Our experienced attorneys help condo and HOA members resolve conflicts quickly, protect their property rights, and hold associations accountable for their legal obligations.
Common Condo & HOA Disputes We Handle
We assist clients with a wide range of claims and disputes, including:
- Water Damage Claims – leaks from plumbing, roof damage, or other common elements
- Mold and Property Damage – caused by association neglect or neighboring units
- Board & Association Disputes – failure to maintain property, enforce rules, or follow by-laws
- Neighbor Disputes – when an adjoining unit causes damage or interferes with your property
- Insurance Claims – assistance with your own policy or disputes with the association’s insurer
Why Choose Legal Help for Condo Disputes
Associations are often quick to deny responsibility and slow to fix issues — leaving owners frustrated and financially burdened. Our attorneys step in to:
- Investigate the root cause of the damage
- Handle all communication with the board and management company
- Demand timely repairs and reimbursement
- Pursue legal action when necessary to enforce your rights
Your Rights as a Condo Owner
Florida’s Condominium Act and your community’s governing documents set clear responsibilities for associations, including maintaining common elements and protecting your property from harm. When these duties are ignored, you are entitled to take legal action and seek compensation for:
- Repair costs
- Mold remediation
- Loss of use or enjoyment
- Diminished property value
- Attorney’s fees (when recoverable under the law)
Take Action Quickly
Delays can lead to worsening damage and even higher costs. Contact our office to discuss your case, understand your options, and begin the process of resolving your HOA or condo dispute efficiently.
Customer testimonials
Understanding Your Rights in HOA & Condo Disputes
Condominium and HOA communities operate under strict sets of governing documents, including declarations, by-laws, and Florida’s Condominium Act. These documents outline the association’s responsibilities to maintain common areas, repair damage, and protect the property value of all owners.
When an association fails to meet these obligations — whether through neglect, poor maintenance, or outright refusal — unit owners have the right to take legal action.
Examples of Association Failures
- Neglecting Repairs: Delayed roof, plumbing, or structural repairs leading to water intrusion or mold growth
- Improper Assessments: Charging owners for repairs that should be paid from association funds
- Violation of Governing Documents: Failing to enforce rules equally among all unit owners
- Failure to Communicate: Ignoring owner complaints or delaying responses to urgent issues
Why Legal Action Matters
Unresolved disputes can lead to worsening property damage, higher repair costs, and diminished property value. Seeking legal representation early can help:
- Compel the association to make timely repairs
- Secure reimbursement for damages and expenses
- Prevent retaliation or selective enforcement
- Restore peace of mind and protect your investment
Step-by-Step Guide to Resolving HOA & Condo Disputes
When you’re dealing with damage, mold, or unresponsive boards, knowing what steps to take can save you time, money, and stress. Here’s a proven process our attorneys follow to protect condo owners’ rights.
1. Document the Problem
Take photos, videos, and written notes of all damage or maintenance issues. Keep records of when you reported the problem to the association and any responses you received.
2. Review Your Governing Documents
Your declaration, by-laws, and rules spell out who is responsible for repairs (association vs. unit owner). Our team can quickly interpret these documents to determine liability.
3. Notify the Association in Writing
Provide formal written notice to the board or property manager describing the issue and requesting action. Having proof of notice is crucial if legal action becomes necessary.
4. Contact an Experienced HOA & Condo Attorney
Early legal involvement ensures you don’t miss statutory deadlines and helps you avoid mistakes that could weaken your claim.
5. Demand Resolution or Compensation
Our attorneys handle communications with the board and insurers, negotiate settlements, and, if needed, file legal action to compel repairs or recover damages.
6. Secure a Favorable Outcome
The goal is to restore your property, recover your losses (including attorney’s fees when permitted), and prevent future problems with the association.
Common Mistakes Condo Owners Make in HOA Disputes
When condo or HOA issues arise, many owners unintentionally take actions that hurt their case. Avoiding these mistakes can protect your rights and improve your chance of a successful outcome.
1. Relying on Verbal Conversations Only
Phone calls or hallway discussions with board members can be easily denied or forgotten. Always communicate in writing so you have a record of requests, complaints, and deadlines.
2. Paying for Repairs Out of Pocket Too Soon
Covering the cost yourself before determining responsibility can make it harder to recover compensation later. Get legal advice before spending money on major repairs.
3. Ignoring Small Leaks or Damage
Minor water intrusion or mold can quickly escalate into costly repairs. Prompt action ensures the association cannot claim you failed to mitigate damages.
4. Missing Statutory Deadlines
Florida’s condo and HOA laws have strict timelines for notices and claims. Waiting too long can limit or even eliminate your right to recover damages.
5. Trying to Handle Disputes Alone
Associations often have legal counsel and insurance adjusters on their side. Having an experienced attorney levels the playing field and strengthens your position.
Frequently Asked Questions
You can take legal action if the association fails to maintain common areas, ignores repair requests, causes water damage or mold, or violates governing documents.
We handle water damage claims, mold issues, board disputes, neighbor damage claims, improper assessments, and insurance disputes with associations.
Yes, in many cases Florida law allows recovery of attorney’s fees if you prevail against your association. We will review your case to determine eligibility.
Document the damage immediately, notify your association in writing, and contact an attorney before paying for repairs out of pocket.
It depends on the case. Some disputes resolve quickly after a formal demand letter, while others may require arbitration, mediation, or litigation to secure results.
Need Legal Services? Call us now!
Give us a call today and let us help you with what we do best
