Condo Association Disputes · Florida Chapter 718
Condo Association Dispute Attorney — Florida
When a Florida condominium association oversteps its authority, fails to maintain the property, or violates your rights as a unit owner, you have legal remedies. The Dempsey Law Firm fights for unit owners and associations throughout South Florida.
Chapter 718 Unit Owner Rights South Florida
Living in a Florida condominium means living under the authority of a condominium association — an organization with real power to impose fees, levy fines, restrict uses, and make decisions that directly affect the value and enjoyment of your home. Most associations exercise that power appropriately. But when they don't, Florida law provides significant protections for unit owners who know how to use them.
Your Rights as a Florida Condo Unit Owner
Chapter 718 of the Florida Statutes establishes a comprehensive set of rights that condo unit owners retain regardless of what the association's governing documents say. These include:
The right to inspect and copy official association records within 10 working days of a written request
The right to attend and speak at all board meetings (with limited exceptions for attorney-client privilege and personnel matters)
The right to vote in association elections and on matters requiring owner approval
The right to a fair hearing before a fine can be imposed above $100
The right to challenge improper elections through the Florida Division of Condominiums arbitration program
The right to recall board members who are not fulfilling their duties
The right to receive proper notice of all meetings and proposed rule changes
The right to be free from selective enforcement of the rules
The Most Common Florida Condo Association Disputes
Maintenance and Repair Disputes
One of the most frequent and contentious types of condo disputes involves the question of who is responsible for maintenance and repairs. Florida condo declarations typically assign responsibility for structural components, common areas, and building systems to the association, while unit owners are responsible for the interior of their unit. But water intrusion that starts in a common area pipe and damages a unit's floors and walls creates a dispute about whose insurance applies and who must pay for the restoration.
Under Florida law, the association has an affirmative duty to maintain common elements in good condition. Failure to do so — which causes damage to a unit — can give the unit owner a claim for breach of that duty. Document all damage, report it in writing to the association immediately, and consult an attorney before making any repairs that could affect insurance coverage or legal claims.
Water Intrusion Between Units
Water intrusion disputes between neighboring units — where a leak from the unit above damages the unit below — are a daily reality in Florida's high-rise condominium buildings. These disputes involve questions of negligence, the association's duty to maintain the building's plumbing system, and the interplay between the association's master insurance policy and the individual unit owner's HO-6 policy.
Who Pays for Water Damage Between Florida Condo Units?
The answer depends on the source of the leak, the language in the condo declaration, and Florida's insurance statutes. Generally: if the leak originates in a common element (shared plumbing), the association is responsible. If it originates in a unit-owner-owned component (a dishwasher hose, a toilet supply line), the unit owner above may be liable. Florida Statute §718.111(11) governs insurance responsibility between unit owners and associations. An attorney can untangle the specific facts of your situation.
Special Assessment Disputes
Special assessments — charges levied on unit owners beyond regular monthly fees, typically to fund a major repair or capital project — are one of the most common sources of unit owner disputes. A special assessment must be properly approved by the board (or by unit owner vote if required by the governing documents), properly noticed, and calculated in accordance with the association's documents.
Violation and Fine Disputes
Condo associations can impose fines for violations of the rules and regulations. Like HOAs, condo associations must follow a procedural process before imposing fines above $100 per violation — providing written notice and an opportunity to be heard before a fining committee of non-board members. A fine imposed without this process may be unenforceable.
Board Misconduct and Self-Dealing
Board members owe fiduciary duties to the association and all unit owners. Self-dealing — awarding contracts to board members' companies, approving expenditures that benefit board members personally, or using association funds for personal purposes — is a violation of those duties. Unit owners who suspect board misconduct can demand records, petition for a special meeting, seek a recall of the board, or pursue legal action.
How to Start a Dispute Resolution Process
Before filing a lawsuit over most condo association disputes, Florida law requires an attempt at alternative dispute resolution. For certain disputes — elections, board meetings, record access, and recalls — mandatory arbitration through the Florida Division of Condominiums is required. For other disputes, the parties must attempt mediation. An attorney can advise on the correct pre-suit procedure and represent you at every stage.
Dispute With Your Condo Association?
The Dempsey Law Firm represents Florida condo unit owners in disputes over maintenance, water damage, fines, special assessments, and board misconduct. Free consultation.
Frequently Asked Questions — Condo Association Disputes
What fiduciary duties do Florida condo board members owe to unit owners?
Florida condo board members owe a fiduciary duty to the association and all unit owners. This means they must act in the best interests of the association as a whole — not in their own personal interest — and must exercise the care and diligence of a reasonable person in managing association affairs. Violations of fiduciary duty, including self-dealing, misappropriation of funds, and decisions made in bad faith, can expose board members to personal liability and give unit owners grounds for legal action.
Can a Florida condo association ban me from renting my unit?
Rental restrictions in Florida condo declarations are enforceable if they were in the original declaration or were properly amended with the required owner approval. However, Florida Statute §718.110 limits a condo association's ability to retroactively apply new rental restrictions to existing unit owners — owners who purchased before a rental restriction was adopted generally cannot be forced to comply with it until they have owned the unit for a specified period. If your association is attempting to restrict rentals, review the declaration and the date of any restriction with an attorney.
What can I do if my condo association refuses to make necessary repairs?
If your condo association refuses to maintain or repair a common element — or delays repair so long that your unit is damaged — you may have a claim for breach of the association's statutory and contractual maintenance obligations. Report the issue in writing to the board, keep copies of all communications, document all damage with photographs, and do not make the repair yourself without consulting an attorney. Depending on the type of dispute, you may be able to file a complaint with the Florida Division of Condominiums and pursue legal action for the cost of repairs and any consequential damages.
How do I recall a Florida condo board member?
Under Florida Statute §718.112, unit owners can recall a condo board member by written agreement signed by a majority of the voting interests, or by a vote at a special meeting called for that purpose. The recall petition must be presented to the board; if the board fails to act on a valid recall, the matter can be submitted to the Florida Division of Condominiums for arbitration. The recall process has specific procedural requirements — an attorney can ensure the recall is conducted correctly to withstand a legal challenge.
What is the difference between a condo association fine and a special assessment?
A fine is a penalty imposed for a violation of the association's rules and regulations — it must follow the proper fining committee process and is limited to $100 per violation per day (up to $1,000 per violation) unless the governing documents allow higher amounts. A special assessment is an additional monetary charge levied on all unit owners to fund a specific expense — typically a major repair, capital improvement, or unexpected cost — that was not budgeted in the regular annual budget. Special assessments must be properly approved by the board or unit owners as required by the governing documents.