Living in a community governed by a Homeowners Association (HOA) means enjoying certain benefits like maintained common areas and amenities. However, when an HOA fails to fulfill its responsibilities, homeowners often wonder if they can hold the association legally accountable. The answer is yes—Florida law does allow homeowners to sue their HOA for negligence, but the process requires careful navigation of specific legal requirements.
At Perez Mayoral, P.A., our experienced HOA dispute attorneys regularly assist Florida homeowners who have suffered damages due to their association’s negligence. This guide explains the legal framework for negligence claims against HOAs in Florida, the requirements for pursuing such claims, and important considerations before filing a lawsuit.
Understanding HOA Negligence In Florida
Negligence occurs when an HOA fails to exercise reasonable care in performing its duties, resulting in harm or damage to homeowners or their property. Under Florida law, HOAs have specific obligations and fiduciary responsibilities to their members.
Common Examples Of HOA Negligence
Negligence claims against HOAs in Florida typically involve:
- Failure to maintain common areas, leading to accidents or property damage
- Improper repairs that cause additional damage to homes or common property
- Failure to address known safety hazards in a timely manner
- Inadequate security measures despite known security concerns
- Water intrusion issues caused by poor maintenance of building components
- Failure to enforce rules and regulations consistently, resulting in harm
Legal Framework For HOA Negligence Claims
Statutory Authority
Florida law establishes the legal basis for HOA negligence claims through several key statutes:
For HOA Communities (Chapter 720, Florida Statutes)
Under Florida Statute § 720.305, members of an HOA have the right to bring legal actions against the association for violations of the HOA statute, the community’s governing documents, or the association’s rules when such violations cause harm.
For Condominium Associations (Chapter 718, Florida Statutes)
Florida Statute § 718.303 provides similar protections for condominium owners, allowing them to sue the association for failing to comply with its obligations.
Elements of a Negligence Claim
To successfully sue an HOA for negligence in Florida, you must establish four key elements:
- Duty of Care: The HOA had a legal obligation to maintain certain standards of care toward homeowners
- Breach of Duty: The HOA failed to fulfill this obligation
- Causation: This failure directly caused harm or damage
- Damages: You suffered actual harm, financial loss, or property damage as a result
Pre-Suit Requirements For HOA Negligence Claims
Before filing a lawsuit against your HOA for negligence, Florida law requires specific pre-suit procedures that must be strictly followed.
Mandatory Pre-Suit Mediation
Florida Statute § 720.311 mandates pre-suit mediation for most disputes with HOAs. For negligence claims, you must:
- Serve a written demand for pre-suit mediation by certified mail, return receipt requested, to the association’s registered address
- Include in your demand:
- A detailed description of the negligence claim
- A suggested resolution
- A list of five certified mediators you would accept
- Available dates and times for mediation
The association has 20 days to respond to your demand. If they fail to respond or decline to mediate, you may proceed with filing your lawsuit.
For Condominium Associations
Florida Statute § 718.1255 establishes a different process for condominium disputes. While many negligence claims fall outside mandatory arbitration requirements, it’s essential to consult with our attorney to determine if your specific claim requires arbitration before litigation.
Critical Considerations Before Filing Suit
Documentation Requirements
Success in a negligence claim against your HOA requires proper documentation:
- Incident reports and dated photographs of the negligent condition
- Communication records showing you notified the HOA of the issue
- Repair estimates or receipts for damages caused by the negligence
- Medical records if personal injury was involved
- Expert opinions on the standard of care that was breached
Types Of Legal Recourse For HOA Negligence
When facing negligence by your HOA or condominium association in Florida, you have two primary types of legal recourse available:
1. Negligence Claims
Negligence claims arise when the association fails to properly repair, maintain, or replace certain common elements such as roofs, walls, or pipes. When such negligence leads to damage to your property—for example, water intrusion causing damage to your home’s interior—you may pursue a negligence claim against the HOA or Condominium Association.
The purpose of these claims is to obtain compensation for the damages you incurred due to the association’s failure to fulfill its maintenance obligations. You would typically seek monetary damages to cover repair costs, property damage, and other related expenses.
2. Injunctions
In addition to seeking monetary damages, unit owners can also sue for an injunction, where a court orders the association to comply with its duties and obligations under the governing documents.
A significant case illustrating this approach is Amelio v. Marilyn Pines Unit II Condo. Ass’n, 173 So. 3d 1037 (Fla. 2d DCA 2015). In this case, the Amelios brought a suit against their Condominium Association for failing to address excessive moisture intrusion in their unit, which was linked to issues with the floor slab—a responsibility of the Association to repair and maintain according to the governing condominium documents.
This case established that unit owners have the right to seek mandatory injunctions against their Association to compel them to fulfill their obligations as stipulated in the governing documents, particularly when:
- The neglect results in irreparable harm
- There is no adequate remedy at law
- A clear legal right has been violated
The Amelio case provides a pathway for unit owners to ensure that their rights, as outlined in the governing documents, are upheld when an Association neglects its duties.
Recent Case Law: McLlenan V. Cypress Chase N. Condo. No. 4 Ass’n, Inc.
A recent Florida case has significantly strengthened homeowners’ positions regarding association responsibilities for maintaining and repairing common elements. In McLlenan v. Cypress Chase N. Condo. No. 4 Ass’n, Inc., 387 So. 3d 321, decided June 5, 2024 by Florida’s Fourth District Court of Appeal, the court established an important precedent regarding condominium association duties.
Case Summary
Randy McLlenan owned a condominium unit where he and co-residents noticed water leaks and mold. When sewage water began pouring through their bathroom ceiling light fixtures, the parties agreed this leak originated from a blockage in the upstairs unit owner’s bathtub. The association refused to remediate most of the damage, arguing that since the leak originated from another unit’s plumbing (not from a common element), they had no responsibility to make repairs.
The Court’s Ruling
The Fourth District Court of Appeal reversed the trial court’s summary judgment in favor of the association, establishing that:
- Under Florida Statute § 718.113(1), maintenance of common elements is unequivocally the association’s responsibility.
- The space between a unit’s ceiling and the upstairs unit’s floor is a common element, as is the space between the interior walls of adjoining units.
- Associations have a non-delegable duty to repair common elements, regardless of what caused the damage.
The court specifically stated: “The association has a non-delegable duty to repair the common elements, regardless of the cause of the damage to the common elements.” It further explained that “the cause of the leak was irrelevant to the association’s duty to repair.”
Implications For Unit Owners
This ruling has profound implications for both condominium and HOA disputes in Florida:
- Associations must repair damaged common elements, regardless of the source of damage
- While associations may bill the responsible party for the repairs, they cannot refuse to make the repairs based on who caused the damage
- When damage to common elements causes subsequent damage to unit interiors, associations may bear responsibility for those secondary damages
This case provides powerful precedent for unit owners facing similar situations where associations attempt to avoid their maintenance and repair obligations by attributing damage to other causes.
Recovery Of Legal Fees In HOA Negligence Litigation
A significant consideration when contemplating a negligence lawsuit against your HOA is the potential recovery of attorney fees.
Fee Recovery Provisions
Both Florida Statute § 720.305 (for HOAs) and § 718.303 (for condominiums) provide that the prevailing party in litigation is entitled to recover reasonable attorney fees. This applies to both:
- When you win a lawsuit against the association
- When you successfully defend against an improper action by the association
Additionally, if you prevail against the association, you may recover amounts you paid through assessments that funded the association’s defense, preventing you from essentially paying to sue yourself.
When To Consider Legal Representation
While minor disputes with your HOA might be resolved through informal discussions or mediation, negligence claims typically warrant professional legal representation. Consider consulting with our experienced Orlando, FL HOA dispute lawyer when:
- The negligence resulted in significant property damage or personal injury
- The HOA disputes responsibility despite clear evidence
- You’ve made repeated attempts to resolve the issue without success
- Complex causation issues exist that require expert testimony
- You need to determine whether to pursue a negligence claim for damages or an injunction to compel action
Seeking Professional Legal Guidance
Due to the complex nature of HOA and condominium litigation, it is highly advisable to hire an attorney experienced in this specialized legal area. Successfully navigating a negligence claim or injunction request against your HOA in Florida requires thorough understanding of association law and strict compliance with procedural requirements.
At Perez Mayoral, P.A., our experienced attorneys can:
- Evaluate whether your situation warrants a negligence claim, an injunction, or both
- Guide you through pre-suit requirements specific to your type of claim
- Document compliance with legal procedures
- Represent your interests in mediation or litigation
- Pursue maximum compensation for damages caused by HOA negligence or compel the association to fulfill its obligations
- Apply relevant case law, including precedents like the Amelio case, to strengthen your position
Contact Our Florida HOA Attorneys
If you’ve suffered damage due to your HOA’s negligence, don’t wait to protect your legal rights. Contact Perez Mayoral, P.A. for a consultation to discuss your legal options. Our experienced team can help you understand whether pursuing a negligence claim against your HOA is appropriate for your situation and guide you through every step of the process.
Call us today at 1-800-777-1305 for a consultation to discuss your case.
This article is for informational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on specific circumstances. Consult with a qualified attorney to understand how these principles apply to your situation.
