FLORIDA HOA ATTORNEYS
FOR HOMEOWNERS

Yes, in Florida, we can sue an HOA or condominium association for negligence if they fail to perform their duties and that failure causes damage or harm to homeowners. Associations are responsible for maintaining common areas and fulfilling obligations set out in their governing documents; when they act carelessly or fail to respond to issues that affect property or safety, legal action may be appropriate. If you think your association has acted negligently, reach out to us so we can review your situation and help you protect your rights.

We can pursue legal action against a homeowners association (HOA) or condominium association if they fail to fulfill their maintenance obligations, especially when that failure results in property damage, safety hazards, or a decline in property value. Florida law and most governing documents require associations to maintain common elements such as roofs, windows, water lines, and shared amenities. When associations neglect these duties, homeowners have the right to seek remedies, which may include demanding repairs, recovering damages, or compelling the association to act. At Perez Mayoral, P.A., we focus exclusively on representing homeowners in these disputes, leveraging our litigation experience to hold associations accountable and protect your investment. If you believe your association is not meeting its responsibilities, contact us today to discuss your options and take the first step toward resolving your claim.

Whether an HOA or condominium association is responsible for repairing damage to your home typically depends on what caused the damage and the exact terms in your association’s governing documents. In most cases, associations are required to repair and maintain certain “common elements” like roofs, exterior walls, plumbing lines, or shared structures, which often means they must fix damage related to those areas. If you’re dealing with property damage and aren’t sure who should cover the repairs, reach out to us so we can review your situation and help you understand your rights and next steps.

HOA insurance usually covers claims related to property damage in common areas, liability for injuries that occur on shared property, damage from storms or fires to association-maintained structures, and sometimes legal expenses if the association is sued. Coverage can also include losses from vandalism or theft impacting community amenities. If you’re questioning whether your situation falls under your HOA’s insurance, contact us so we can help you review the policy and guide you on how to proceed.

Our legal team is led by co-founders Erik Perez, Esq. and Michael P. Mayoral, Esq., who both have extensive experience handling HOA claims for homeowners throughout Florida. Erik Perez leads our HOA and condominium association litigation practice group, leveraging years of litigation experience and a deep understanding of association operations gained from representing both associations and homeowners at major Florida law firms. He has handled a wide range of disputes, including improper assessments, property damage, and selective enforcement, and is often sought for commentary on HOA issues by local media. Michael P. Mayoral, an experienced trial attorney, co-leads this group and has a strong background in complex property, insurance, and business litigation, with numerous successful cases at both state and federal levels. If you need experienced representation for your HOA claim, contact us to discuss how we can help.

The cost of hiring an attorney for an HOA or condominium association (COA) dispute varies based on the details of your case and the type of claim. We discuss the fee structure with you during the initial consultation so you understand your options before moving forward.

The type of claim determines the appropriate fee structure for our legal services. For example, part of our practice focuses on representing homeowners and condominium owners who have experienced property damage due to their association’s failure to maintain and repair “common elements” like roofs, windows, water lines and pipes, balconies, and other association property. Generally, we handle these cases on a “contingency” basis, meaning we only get paid if we recover compensation for our clients.

For matters involving rule enforcement, selective enforcement, disputes with association board members, violations of the association’s covenants, discrimination, harassment, conflicts between neighbors, or other related issues, we typically work on a refundable retainer basis. This means that our clients pay for the work we do on the case hourly rather than a flat fee. In other words, you only pay for the work we do and are refunded unused retainer funds at the end of representation. The retainer for each matter is determined based on the projected amount of work requested by the client.

If you have questions about costs or how we can assist, contact us to schedule a consultation and get started.

We handle a variety of disputes between homeowners and their HOA or condominium association, including:

• Unfair application of CC&Rs or bylaws
• Excessive fines or assessments
• Architectural review denials
• Maintenance responsibility disputes
• Housing discrimination issues
• Special assessment challenges
• Board election and governance issues

If you’re dealing with any of these issues or another dispute with your association, contact us to discuss how we can help you resolve your situation.

Working with an attorney with experience in HOA and COA disputes can help by reviewing your situation, explaining your rights under Florida law and your community’s documents, and advising you on the best approach to address your concerns. We handle communication with the association, respond to violation notices, challenge improper fines or actions, and represent you in mediation, arbitration, or court when needed. If your dispute involves property damage, board actions, discrimination, or other issues, contact us so we can discuss your case and help you find a resolution

We represent homeowners in every type of dispute with their homeowners’ or condominium association, whether it’s pre-litigation or full litigation. That includes responding to violation notices, challenging fines or enforcement actions, demanding that the association stop unlawful conduct, resolving disputes through mediation or arbitration, and litigating in court when necessary. We also handle appeals when disputes continue beyond trial.

Our role is to level the playing field. Associations are typically backed by experienced legal counsel from day one. We make sure homeowners have the same advantage, fighting to protect their rights, hold associations accountable, and resolve conflicts through skilled and strategic legal representation.