Can I sue my HOA or Condominium Association for negligence in Florida?

Yes. In Florida, HOAs and Condominium Associations are responsible for maintaining and repairing common areas and common elements such as roofs, roads, landscaping, recreational facilities, and shared building components. When an association neglects these duties, it can create unsafe conditions, reduce property values, and cause damage to individual units. If the association’s failure to maintain common elements results in property damage, leaks, or safety hazards, homeowners may have grounds to pursue a negligence claim to hold the association accountable.

Is my HOA or Condominium Association responsible for repairing damage to my home?

It depends on the cause of the damage, the nature of the affected area, and the community’s governing documents. While unit owners are typically responsible for interior repairs, associations may be liable when damage is caused by their failure to properly maintain or repair common elements such as roofs, exterior walls, or shared plumbing systems. In those situations, the association may be responsible not only for repairs, but also for related losses such as lost rental income, temporary housing expenses, and damaged personal property.

Can I file a negligence claim against my HOA or Condominium Association?

Yes. If your property damage resulted from the association’s negligence—such as failing to repair or maintain common elements that led to water intrusion or other damage—you may pursue a negligence claim. If successful, the association may be required to pay for repairs and additional damages, including alternative living expenses, lost rent, or replacement of personal property.

Can I force my HOA or Condominium Association to make repairs?

In some cases, yes. Homeowners may seek a court-ordered injunction requiring the association to fulfill its maintenance obligations under the governing documents. Florida courts have recognized homeowners’ rights to seek mandatory injunctions when an association’s neglect causes ongoing or irreparable harm. For example, in Amelio v. Marilyn Pines Unit II Condo. Ass’n, the court allowed unit owners to compel the association to address moisture intrusion caused by a common element the association was required to maintain.

What Florida laws govern HOA and Condominium Association repair responsibilities?

Florida Statutes Chapter 718 provides the primary legal framework for condominium associations. Section 718.113 requires associations to maintain common elements, while Section 718.111(11) mandates insurance coverage for those elements. If an association fails to maintain insured or required common elements and that failure causes damage to a unit, the association may be held legally responsible. The specific obligations may also be expanded or limited by the community’s declaration and governing documents.

What types of claims are typically covered by HOA or Condominium Association insurance?

Associations generally carry several types of insurance, including property and casualty insurance for damage to common areas caused by events like fires or hurricanes, directors and officers (D&O) insurance to protect board members from claims of mismanagement or breach of fiduciary duty, and general liability insurance to cover negligence claims involving property damage or personal injuries occurring on association property. Coverage varies by policy, so reviewing the association’s insurance documents is essential.

How experienced is The Dempsey Law Firm in handling HOA and Condominium claims?

The Dempsey Law Firm has extensive experience litigating HOA and Condominium disputes on behalf of homeowners. The firm has handled claims involving property damage, breaches of fiduciary duty, defamation, and derivative actions. Because the attorneys previously represented associations and insurers, they have valuable insight into how these entities operate. The firm represents homeowners, focusing on protecting their rights against associations.

What does it cost to hire an attorney for an HOA or Condominium dispute?

The fee structure depends on the type of claim. Property damage cases caused by an association’s failure to maintain common elements are typically handled on a contingency basis, meaning attorney’s fees are only paid if compensation is recovered. Other disputes—such as selective enforcement, covenant violations, discrimination, or board misconduct—are usually handled through a refundable retainer billed hourly, based on the anticipated scope of work.

What types of disputes can an HOA or Condominium attorney handle?

Attorneys who focus on HOA and Condominium disputes handle a wide range of conflicts between homeowners and associations. These include property damage claims, covenant and bylaw violations, breach of contract, rule enforcement disputes, assessment issues, boundary disputes, harassment, and selective enforcement. The Dempsey Law Firm primarily represents homeowners whose properties have been damaged due to an association’s failure to maintain common elements.

How can an HOA or Condominium attorney help resolve these disputes?

An experienced attorney can review governing documents, analyze applicable Florida laws, negotiate with the association or its insurers, and represent homeowners in court if necessary. Attorneys play a critical role in holding associations accountable for property damage caused by neglected common elements and in helping homeowners recover fair compensation for their losses.

How does The Dempsey Law Firm help homeowners with HOA and Condominium claims?

Few Florida law firms represent homeowners against their associations, as most “HOA attorneys” represent the associations themselves. The Dempsey Law Firm is one of the select firms dedicated to enforcing homeowners’ rights. With skilled civil litigators and trial attorneys, the firm provides comprehensive legal representation to homeowners seeking accountability, repairs, and compensation from their associations.