The recent decision in McLlenan v. Cypress Chase N. Condo. No. 4 Ass’n, Inc., 387 So. 3d 321 (Fla. 4th DCA 2024), represents a significant clarification of condominium association responsibilities in Florida. This case directly addresses a common issue faced by many condominium owners: what happens when water damage from one unit affects another unit, and who bears the responsibility for repairs? The Fourth District Court of Appeal’s ruling provides clear guidance that reinforces associations’ statutory obligations for common element maintenance, regardless of the source of damage.
The full legal opinion can be accessed here: McLlenan v. Cypress Chase N. Condo. No. 4 Ass’n, Inc.
The Legal Framework For Condominium Association Responsibilities
Florida Statute § 718.113(1)
The foundation of association maintenance responsibilities lies in Florida Statute § 718.113(1), which unambiguously states that “maintenance of the common elements is the responsibility of the association.” This language is clear and straightforward, establishing an affirmative duty for associations to maintain all common elements.
The statute defines “common elements” as “the portions of the condominium property not included in the units” (§ 718.103(9)). In a typical condominium building, this includes:
- The spaces between unit ceilings and floors
- The areas within walls separating units
- Structural components not contained within individual units
- Building infrastructure serving multiple units
Declaration Of Condominium Requirements
Nearly all condominium declarations in Florida mirror this statutory requirement, explicitly obligating the association to maintain, repair, and replace common elements at the association’s expense. These provisions typically appear in a dedicated “Maintenance and Repairs” section of the declaration, delineating the respective responsibilities of unit owners and the association.
The Problematic Pattern Of Association Avoidance
Despite these clear legal requirements, our law practice has observed a troubling pattern among Florida condominium associations. When dealing with water leaks originating from one unit and affecting another, many associations improperly abdicate their repair responsibilities.
This common scenario typically plays out as follows:
- Unit A experiences a plumbing issue causing water to leak into Unit B below
- Unit B’s ceiling, drywall, and potentially other components sustain damage
- The association incorrectly categorizes this as a “unit owner versus unit owner issue”
- The association directs the affected owner to pursue the matter with the other owner’s insurance
- Critical repairs to common elements remain unaddressed, often leading to additional damage and complications
This approach fundamentally misinterprets the law and the association’s non-delegable obligations.
The McLlenan Case: Facts And Findings
Case Background
In McLlenan v. Cypress Chase, the plaintiff, Randy McLlenan, owned a condominium unit within Cypress Chase North Condominium No. 4 Association. McLlenan and his co-residents discovered water leaks and mold in their unit in August 2021. Despite notifying the association, they were initially told that repairs were their responsibility as unit owners.
As more leaks appeared, the situation deteriorated. In November 2021, sewage water began pouring through their bathroom ceiling light fixtures. The parties agreed that this leak originated from a blockage in the upstairs unit owner’s bathtub. Nevertheless, the association refused to remediate most of the damage.
The association’s position was that since the leak originated from another unit’s plumbing and not from a common element, they had no obligation to repair the damages to McLlenan’s unit. The trial court agreed with the association and granted summary judgment in its favor.
The Appellate Court’s Ruling
The Fourth District Court of Appeal reversed the trial court’s decision, establishing several crucial principles:
- Under the Declaration of Condominium and Florida Statute § 718.113(1), the association has an unequivocal responsibility to maintain common elements.
- The space between McLlenan’s ceiling and the upstairs unit’s floor constitutes a common element, as does 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 explicitly stated: “The association had a non-delegable duty to repair the common elements, regardless of the cause of the damage to the common elements.” It further emphasized that “the cause of the leak was irrelevant to the association’s duty to repair.”
The court also noted that while the Declaration allows the association to assess repair costs to a negligent unit owner who causes damage, this provision does not eliminate the association’s fundamental responsibility to make the repairs.
Implications For Florida Condominium Owners And Associations
The McLlenan decision provides much-needed clarity and transforms how associations must handle water damage situations:
For Associations
- Associations must repair damaged common elements regardless of the cause of damage.
- The source of damage (whether from another unit, act of nature, or other cause) is irrelevant to the duty to repair.
- While associations may assess repair costs to the responsible unit owner when appropriate, they cannot use this as justification to avoid making necessary repairs.
- Common elements specifically include the spaces between units’ ceilings and floors, as well as between interior walls of adjoining units.
For Unit Owners
- Unit owners affected by water intrusion from neighboring units now have clear legal precedent to compel association action.
- The “unit owner versus unit owner” response from associations is legally invalid.
- When damage to common elements causes subsequent damage to unit interiors, associations may bear responsibility for those secondary damages as well.
- This ruling provides a powerful tool for unit owners to ensure their living conditions are properly restored after water damage incidents.
Proper Association Response To Inter-Unit Leaks
Based on the McLlenan decision, the appropriate association response to water leaks between units should follow this protocol:
- Immediate Action: Address the source of the leak to prevent further damage.
- Common Element Repairs: Assess and repair all damaged common elements without delay, including drywall, studs, slabs, and other building components defined as common elements.
- Cost Recovery: If the leak originated from another unit owner’s negligence, the association may assess that unit owner for the repair expenses as permitted by the declaration.
- Coordination: Work with all affected parties to ensure comprehensive repairs and restoration.
- Documentation: Maintain detailed records of all assessments, repairs, and related communications.
The McLlenan v. Cypress Chase decision represents a significant victory for condominium unit owners throughout Florida. It clarifies and reinforces the longstanding statutory obligation of associations to maintain common elements, regardless of what caused the damage.
For associations, this ruling eliminates any ambiguity about their repair responsibilities when water intrusion affects common elements. For unit owners, it provides clear legal precedent to ensure their living conditions are properly restored after such incidents.
As condominium ownership continues to be a significant part of Florida’s housing landscape, this decision helps ensure that the legal frameworks governing these communities are properly upheld, protecting the investments and living conditions of all residents.
Contact Our Florida Condominium Association Attorneys
If you are experiencing issues with your condominium association regarding water damage repairs or other maintenance disputes, the experienced attorneys at Perez Mayoral, P.A. can help you understand your rights and ensure your association fulfills its legal obligations. Our firm specializes in representing condominium and homeowners association members throughout Florida in disputes with their associations. We have extensive experience handling cases involving association maintenance responsibilities, water damage claims, and enforcement of statutory obligations.
Contact us today at 1-800-777-1305, by email at [email protected], or visit our website at https://www.pmlawfla.com/hoa-disputes/ to schedule a consultation with our team and discuss how the McLlenan case may apply to your situation.
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 our qualified Florida condominium act lawyer to understand how these principles apply to your situation.
