Article: What Are Your Options If Your HOA Won’t Fix Maintenance Issues?

Discover Legal Remedies for HOA Negligence in Property Maintenance

If you’re dealing with property damage that you believe may have originated from your association’s common elements or another unit owner’s negligence, it’s crucial to consult with an experienced attorney. At Perez Mayoral, P.A., we focus on helping homeowners navigate these complex situations. You don’t have to figure this out alone—our firm is dedicated to protecting your rights and ensuring you receive the compensation you deserve. Whether the issue involves your HOA, condo association, or another unit owner, we can guide you through the legal process to address property damage and hold the responsible parties accountable.

Understanding Association Responsibilities and Unit Owner Liability

Before exploring your legal options, it’s important to understand not only the rights but also the responsibilities and potential liabilities under Florida law, specifically Chapter 718 for condominium associations and Chapter 720 for homeowners’ associations.

Condominium Associations (Chapter 718)

Under Chapter 718, condominium associations are generally responsible for maintaining, repairing, and replacing common elements, such as the building’s exterior, roof, elevators, and shared amenities like pools or fitness centers. However, if the association fails to fulfill these duties and it results in property damage, you, as a homeowner, may have a claim against the association for negligence or breach of contract.

Homeowners’ Associations (Chapter 720)

Chapter 720 provides more flexibility in defining maintenance responsibilities. While HOAs are typically responsible for common areas, the extent of their maintenance obligations can vary significantly based on the community’s governing documents. If your HOA neglects its responsibilities, leading to damage to your property, you may be able to pursue compensation through legal action.

Liability of Other Unit Owners

In addition to the association’s duties, other unit owners also have responsibilities regarding the maintenance of their individual units. If a unit owner fails to maintain something within their unit—such as appliances, drains, or water lines—and this negligence leads to a water intrusion event causing damage to your property, you potentially have a legally viable claim against that unit owner. Florida law supports your right to seek compensation for damages resulting from another owner’s failure to properly maintain their unit, especially if their negligence directly impacts your home.

Ultimately, the specific maintenance responsibilities and liabilities—whether for the association or individual unit owners—are detailed in the governing documents. These documents, such as the Declaration of Condominium for condos or the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) for HOAs, are the primary sources for understanding what your association and fellow unit owners are obligated to maintain.

Common Maintenance Issues and Responsibilities: Association vs. Unit Owners

When dealing with property damage in a condominium or HOA-governed community, it’s essential to understand the different responsibilities of the association and individual unit owners.

Association Responsibilities:

• Common areas
• Exterior of condominium buildings
• Roofs
• Exterior walls and stucco
• Common drain pipes
• Common water lines (serving more than one unit)
• Roots and trees (depending on the language in the governing documents)
• Windows (sometimes depending on the language in the governing documents)

When your association fails to address these issues promptly, it can lead to property damage, decreased home values, and potential safety hazards.

Unit Owner Responsibilities:

In addition to the association’s obligations, unit owners are responsible for maintaining certain elements within their own units. These responsibilities often include:

• Appliances (e.g., water heaters, washing machines, dryers)
• Water lines serving the unit
• Drain pipes and plumbing
• Tubs and shower seals
• Interior surfaces and sometimes windows (depending on the language in the governing documents)

If a unit owner fails to properly maintain these components, resulting in water intrusion or other damage to neighboring units, that owner could be held liable for the resulting damages. At Perez Mayoral, P.A., we are dedicated to assisting Florida homeowners in navigating these situations and pursuing claims against at-fault parties, whether it’s the association or another unit owner.

Steps to Take When Maintenance Issues Cause Property Damage

If you experience property damage that you suspect is due to a maintenance issue, whether from a common element or another unit, it’s important to act quickly and follow these steps:

1. Report the Property Damage Immediately

First, report the leak to the association and any other potential sources, such as neighboring unit owners. Prompt reporting is crucial for both mitigating damage and establishing a record of your efforts to address the issue.

2. Follow Up to Identify the Source

Follow up with the association or affected unit owners to determine the source of the water or damage. Understanding where the problem originates is key to identifying the responsible party and ensuring that appropriate repairs are made.

3. Document the Problem

Maintain detailed records of the maintenance issue and any resulting damage. This documentation will be crucial if you need to escalate the matter or pursue legal action. Key records should include:

• Photographs and videos of the damage and the source
• Dates and times when you first noticed the problem
• Any communication with the association, management company, or other unit owners
• Estimates for repairs from licensed contractors

4. Review Governing Documents

Thoroughly review your association’s governing documents to confirm the maintenance responsibilities and obligations of the association and individual unit owners. Understanding these details will help you determine who is responsible for the damage and what steps you can take next.

5. Contact an Attorney

Given the complexity and technical nature of these cases, it’s highly advisable to consult with an experienced attorney to determine your rights against the potentially at-fault parties. At Perez Mayoral, P.A., we focus our practice on these types of disputes and can guide you through the process to ensure your rights are protected and that you receive the compensation you deserve.

Legal Options for Property Owners

If you’re dealing with property damage caused by an at-fault association or another unit owner, there are several steps you can take to address the issue. Here are some options available to Florida property owners:

1. Attempt to Resolve the Issue Directly

The first step is to try and resolve the issue directly with the at-fault association or unit owner. However, we have seen many homeowners face significant challenges in doing so. Associations may misinform homeowners about their responsibilities, or at-fault unit owners may become unresponsive, refusing to provide necessary information such as their insurance details. While it’s important to make an effort to resolve the issue, these obstacles can make it difficult to achieve a satisfactory resolution on your own.

2. Consult with an Attorney to Discuss Your Options

Given the complexities involved, it’s highly advisable to consult with an attorney who can help you navigate your legal options. These claims and cases are often highly technical, requiring a thorough understanding of governing documents and Florida law. An attorney can review your situation, advise you on your rights, and help you explore the best legal remedies.

3. Pursue Legal Action

If the issue cannot be resolved through direct communication, pursuing legal action may be necessary. This can involve either pre-suit mediation or filing a lawsuit:

• Pre-Suit Mediation: Florida law encourages—and sometimes requires—alternative dispute resolution methods before resorting to litigation. Mediation involves a neutral third party who helps facilitate communication between you and the association or unit owner to reach a mutually acceptable solution. An attorney can guide you through this process, ensuring that your interests are protected.

• Lawsuit: If mediation does not result in a satisfactory resolution, or if the issue is not resolved through other means, filing a lawsuit may be necessary. This can include claims for breach of contract (if the association has failed to meet its obligations), negligence (if improper maintenance caused damage), or breach of fiduciary duty (if the association’s board failed to act in the community’s best interests). Given the stakes and complexity, it’s highly advisable to have experienced legal counsel represent you through this process.

How Perez Mayoral, P.A. Can Assist You

Navigating disputes with your HOA, condominium association, or another unit owner can be challenging. Here’s how our firm can assist you:

• Comprehensive Legal Representation: We provide full legal representation, advising and representing you on all the issues you may be facing. Our goal is to guide you through Florida’s legal process for these claims and cases, ensuring that your rights are protected and that you receive the compensation you deserve.

• Document and Case Review: We thoroughly review your association’s governing documents and any relevant communications or evidence to determine the exact scope of responsibilities and identify potential legal claims.

• Negotiations: We can engage in negotiations with the association, management company, or at-fault unit owners on your behalf, aiming to reach a resolution without the need for litigation, if possible.

• Communication Assistance: We help draft formal complaints and correspondence, ensuring that your rights are protected and your concerns are clearly articulated.

• Representation in Mediation and Litigation: Whether through pre-suit mediation or in court, we represent your interests, advocating for your rights and working towards a favorable outcome.

• Legal Education: We help you understand your rights and obligations under Florida law and your association’s governing documents, empowering you to make informed decisions.

Withholding Association Dues

While it may be tempting to withhold association dues in response to maintenance neglect, this action is generally not recommended. In Florida, associations have the right to place a lien on your property for unpaid assessments and may even foreclose on that lien. Instead, consider paying your dues under protest while pursuing other legal remedies.

The Importance of Legal Representation

At Perez Mayoral, P.A., we’re dedicated to helping homeowners navigate these complex issues. If you’re facing property damage or other disputes with your HOA, condominium association, or another unit owner, you don’t have to face it alone. Our experience in this area can make a significant difference in protecting your rights and ensuring fair compensation for damages. Contact us for a consultation or case review. We handle claims and cases throughout the state of Florida. Reach out to us through our contact form, email us at [email protected], or call us at 786-980-9369.