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Damage Caused by HOA/Condo
HOA or condo association damaged your unit? Jimenez Legal holds Florida associations accountable for your repair costs.
Property Damage Caused by an HOA or Condo in Florida
If you own a condominium or live in an HOA community, the association is typically responsible for maintaining shared components, the roof, building exterior, common plumbing, and structural elements. When the association neglects those duties and the failure damages your unit through water intrusion, leaks, or structural problems, you have the right to be made whole, and the association can be liable for the resulting losses.
These claims sit at the intersection of property damage and community-association law. The governing documents and Florida's condominium and HOA statutes in the Florida Statutes allocate maintenance responsibility between the association and the owner, and that allocation determines who must pay. Often the association's master insurance policy and your own unit-owner (HO-6) policy both come into play, which makes coordinating the claims important.
Pinning down what the association was obligated to maintain is the heart of the case.
This is part of our Property Damage Claims practice, and it overlaps with our association insurance claims work. Related matters include damage caused by a neighbor. Review our case results, learn about Attorney Edward G. Jimenez, or request a free consultation by calling (321) 465-3425.
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Who Maintains What
The declaration and bylaws, read alongside Florida's condominium and HOA statutes, divide maintenance duties between the association and unit owners. Roofs, building envelopes, common pipes, and structural elements are usually the association's responsibility, while interior finishes are often the owner's. We analyze this allocation closely, because the association is liable only for damage flowing from components it was actually obligated to maintain.
Coordinating the Insurance
Damage from a shared component can trigger multiple policies: the association's master policy for the building and common elements, and your unit-owner HO-6 policy for the interior. Determining which policy pays for which portion of the loss is often contested. We coordinate the claims so coverage is maximized and so the association and its insurer are held responsible for the damage their neglect caused.
Build the Record
Always report the problem to the association in writing and keep copies, document the damage with photos and inspection reports, and save your repair estimates. Continued neglect after you gave notice strengthens your claim. We use this record to hold the association accountable for both the repairs to the shared component and the damage inside your unit. Call Jimenez Legal at (321) 465-3425 or request a free consultation.
Frequently Asked Questions
Yes, when the association's failure to maintain shared elements causes damage inside your unit.
The governing documents usually assign those shared elements to the association.
Yes, always document the problem in writing and keep the association's responses.
Continued neglect can strengthen your claim, and legal action may be needed to force repairs and recovery.
Often yes, if the association's breach of its maintenance duty caused your damage.
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