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Florida HOA and COA Property Damage Lawyers — When Your Association Won't Cover the Damage to Your Home

Helping Florida homeowners recover compensation when homeowners associations (HOAs) and condominium associations (COAs) wrongfully deny, delay, or underpay property damage claims.

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Page reviewed and approved by Carlos D. Cabrera, Esq., Florida-licensed property damage attorney with 24 years of HOA, COA, and condominium property damage claim experience.

When water leaks from a common area roof into your unit, when the association’s contractor floods your home during a repair, when a shared pool overflows into the unit below — the question of who is responsible, and whose insurance should pay, becomes the center of a dispute that associations and their insurers are well-prepared to contest. Most unit owners are not.

Florida Advocates represents condominium owners, townhome owners, and homeowners throughout Florida who suffered property damage caused by an HOA or COA’s failure to maintain common areas, failure to carry proper insurance, failure to oversee contractors, or refusal to acknowledge their responsibility for damage to your unit. We know the Florida Condominium Act, the HOA Act, and how associations structure their defenses — and we know how to overcome them.

Why HOA and COA Property Damage Disputes Are Uniquely Difficult

When a contractor damages your property or an insurance company denies your claim, the dispute is between you and one other party. When your HOA or COA is involved, the situation is almost always more complex. You are simultaneously dealing with your own homeowner’s insurance, the association’s master insurance policy, potentially the association’s contractor and their insurer, the association’s board and its legal counsel, and in many cases the governing documents of the community — all of which intersect in ways that each party interprets to their own advantage.
 
Associations have experienced legal counsel and insurance coverage teams advising them. Their insurers have handled thousands of these disputes. Most unit owners have handled none. The result is that associations routinely take positions that minimize their responsibility — and many unit owners accept those positions because they do not know what the law actually requires.
 
Florida’s Condominium Act and Homeowners Association Act impose specific obligations on associations that many boards either do not fully understand or choose not to volunteer. Understanding those obligations — and holding the association to them — is what we do.

The Legal Framework — Florida Statutes That Govern Your Rights

Florida Condominium Act — Chapter 718

The Florida Condominium Act governs all condominium associations and COAs in Florida. It is one of the most detailed property statutes in the country, and it establishes clear obligations for associations regarding insurance, maintenance of common elements, and responsibility for damage to individual units caused by common element failures.
 
Under Florida Statute 718.111(11), a condominium association is required to maintain property insurance on the condominium property — in most cases including coverage that extends to individual unit damage caused by common element failures. This means that when your unit is damaged because the common area roof failed, the shared plumbing leaked, or the association’s contractor flooded your unit during a repair, the association’s insurance is typically required to respond — not just your individual unit owner policy.
 
The association’s obligation under this statute is one of the most commonly misrepresented facts in HOA and COA disputes. Associations and their insurers frequently tell unit owners that the damage is “their responsibility” and that their unit owner’s policy is the only coverage available. In many cases, this is simply incorrect under Florida law.
 

Florida Homeowners Association Act — Chapter 720

The Florida Homeowners Association Act governs HOAs in single-family home communities and townhome developments. HOAs have different — and generally more limited — insurance obligations than COAs, but they still carry responsibilities for common area maintenance, contractor oversight, and insurance that directly affect your rights when common area failures damage your property.
 
The specific obligations of your HOA depend on the community’s Declaration of Covenants, Conditions and Restrictions — the CC&Rs — which defines what the association is responsible for and what falls to individual homeowners. We review the Declaration as part of every HOA property damage case.
 

The Boundary Between Common Elements and Unit Owner Property

In condominium communities, the legal boundary between what the association insures and maintains and what the unit owner is responsible for is defined by the Declaration of Condominium. It is typically described using language like “from the unfinished interior surfaces of the perimeter walls, floors, and ceilings” — meaning the association is responsible for everything up to and including the structural elements, while the unit owner is responsible for finishes, fixtures, and improvements within that shell.
In practice, this boundary is the most contested issue in most HOA and COA property damage disputes. Associations argue the damage originated inside the unit — making it the unit owner’s problem. Unit owners argue the damage originated from a common element — making it the association’s responsibility. An independent plumber, engineer, or moisture specialist who can trace the source of the damage to its point of origin is often the key to resolving this dispute.
 
Their insurers have handled thousands of these disputes. Most unit owners have handled none. The result is that associations routinely take positions that minimize their responsibility — and many unit owners accept those positions because they do not know what the law actually requires.

The Association's Insurance vs Your Unit Owner Policy — What Each Covers

One of the most important questions in every HOA and COA property damage case is which insurance policy responds — and in what sequence. The answer is almost never as simple as the association tells you.
 

The Association’s Master Policy

Florida’s Condominium Act requires associations to maintain property insurance on the condominium property. This master policy typically covers the common elements and, in most communities, the original fixtures, flooring, and finishes in individual units — called “bare walls in” or “all in” coverage depending on the policy. When damage to your unit is caused by a common element failure, the association’s master policy is often the primary source of coverage.

 

Your Unit Owner’s Policy (HO-6)

A unit owner’s policy — typically an HO-6 policy — covers improvements and betterments you have made to your unit above the original finishes, your personal property, and in many cases provides coverage for assessments and loss of use. When the association’s master policy has sublimits, deductibles, or exclusions that leave gaps in your recovery, your HO-6 policy may provide supplemental coverage.
 

Pursuing Both Simultaneously

In most HOA and COA property damage cases, filing claims with both the association’s master insurer and your own HO-6 insurer simultaneously produces the best result. Your own insurer has obligations to you directly and can pay promptly while the dispute with the association’s insurer is resolved. We manage both tracks — so you are not waiting for an association dispute to resolve before your repairs begin.
 

When the Association Tells You It’s Your Problem

The most common scenario we see is an association telling a unit owner — verbally or in writing — that the damage is the unit owner’s responsibility and their own insurance should cover it. Before you accept this position, contact us. In many of the cases we have handled, the association’s position was incorrect under the Florida Condominium Act, the Declaration, or both. Accepting it without challenge left money on the table that the association’s insurer should have paid.

How We Establish the Association's Responsibility

Building the case for an HOA or COA property damage claim requires specific evidence that we develop systematically:

Source of Loss Documentation 

An independent plumber, engineer, or moisture intrusion specialist traces the water or other damage to its source — establishing whether the origin point is a common element or a unit owner element. This documentation directly addresses the most common defense associations use.
 

Declaration and Statute Analysis 

We review your community’s Declaration of Condominium or CC&Rs alongside the applicable Florida statute to establish exactly what the association is required to maintain and insure. We identify where the association’s obligations begin and where the association’s position deviates from what the governing documents and law actually require.

Contractor Liability Investigation 

Where the damage involves a contractor hired by the association, we verify the contractor’s licensure status, confirm whether the association obtained proof of insurance before hiring them, and review the scope of work authorised — establishing the association’s direct liability for contractor negligence where applicable.

Insurance Policy Review 

We obtain and review the association’s master insurance policy — not just the summary certificate — to identify the actual coverage available, applicable sublimits, deductibles, and endorsements that affect your claim.

How Florida Advocates Handles Your HOA or COA Property Damage Case

Step 1 — Free Case Review 

We review your specific situation, your community’s governing documents, the applicable Florida statutes, and the damage at no cost. We tell you what the association is legally required to do, where their current position is wrong, and what recovery is realistic.

Step 2 — Independent Damage Assessment 

We engage engineers, plumbers, and moisture specialists to document the source and extent of damage independently — establishing the critical facts about where the damage originated and what the true restoration cost is.

Step 3 — Written Notice to the Association 

We put the association on formal written notice of our representation and the basis for their responsibility. Associations and their insurers respond differently when they know the unit owner has legal representation that has reviewed the governing documents and the statute.

Step 4 — Insurance Claims Filed 

We file claims with the association’s master insurer and your own HO-6 insurer simultaneously and manage all communications — so you are never put in the position of negotiating directly with an association’s insurer who represents the other side.

Step 5 — Negotiation 

We negotiate with full documentation of the association’s legal obligations and the true cost of restoration. Most HOA and COA property damage disputes resolve through this process without litigation.

Step 6 — Litigation and Bad Faith 

When associations or their insurers refuse to acknowledge what the law requires, we pursue all available remedies — including bad faith claims under Florida Statute 624.155 and direct claims against the association for breach of their statutory and contractual obligations. We have litigated these cases and won.

Proven Results: HOA and COA Property Damage Cases

Amount

Case Type

Outcome

$330,000

Commercial COA — Contractor Liability, 4 Defendants

COA found liable alongside contractor for negligent contractor selection and supervision.

$258,600

COA — Water Damage from Common Area

Insurer offered $17,000. Proved damage was caused by common area failure. Full recovery obtained.

$123,000

COA — Pool Overflow from Negligent Maintenance

COA liable for hiring unqualified pool cleaning contractor whose improper work caused flooding to units below.

$120,000

COA — Flooding During Common Area Roof Replacement

COA held responsible for negligently hiring the contractor who flooded the unit during roof work.

$100,000

HOA — Water and Mold Damage from Common Area

HOA initially offered $14,000. Independent engineer documented full extent of damage. Full settlement obtained.

 

Past results do not guarantee future outcomes. Every case is evaluated on its individual facts.

Florida HOA and COA Property Damage Law — What You Need to Know

Florida Condominium Act — Chapter 718

The Florida Condominium Act (Chapter 718) governs condominiums and COAs in Florida. It establishes the association’s obligations regarding insurance, maintenance of common elements, and responsibility for damage to individual units caused by common element failures. Under Florida Statute 718.111(11), the association is required to maintain insurance on the condominium property — which in most cases includes coverage for damage to units caused by common element failures.

Understanding the boundary between what the COA is responsible for and what falls to the unit owner is the first and most important step in a condo property damage dispute. This boundary is defined by the condominium’s Declaration of Condominium, its insurance obligations under the statute, and the specific cause of the damage. COAs regularly take the position that damage falls outside their responsibility — often incorrectly.

The Florida Homeowners Association Act (Chapter 720) governs HOAs in single-family home communities and townhome developments. HOAs have different insurance and maintenance obligations than COAs — the scope depends significantly on the community’s Declaration of Covenants, Conditions and Restrictions (CC&Rs). When an HOA’s failure to maintain common areas — stormwater drainage, shared fencing, common area trees, shared walls — causes damage to your property, the HOA may be directly liable.

 One of the most contested issues in HOA and COA property damage cases is where the association’s responsibility ends and the unit owner’s begins. For condominiums, the boundary is typically defined by the Declaration of Condominium and may be described as ‘from the paint inward’ — meaning the association insures and is responsible for the structure and common elements up to the interior surface of the unit walls, floor, and ceiling.

In practice, this boundary is frequently disputed. Associations argue that the damage originated within the unit rather than from the common elements. Insurers for the association and insurers for the unit owner both have financial incentives to shift responsibility to the other party. We have extensive experience establishing the actual source of damage and holding the responsible party — whether that is the COA, the HOA, an adjacent unit owner, or a combination — accountable.

Under Florida law, COAs are required to maintain property insurance for the condominium property as a whole. This coverage typically includes damage to individual units caused by common element failures. If your COA’s insurer is denying your claim — or the COA itself is claiming the damage is your responsibility — we evaluate both the association’s coverage obligations under the statute and the specific circumstances of your damage.

Common Sources of HOA and COA Property Damage

Water intrusion from common area roof, plumbing, or HVAC into individual units

Flooding caused by association's contractor during common area repairs

Pool, spa, or water feature overflow into units or yards

Mold resulting from association's failure to address water intrusion

Structural damage caused by common element failure

Tree falls from association-maintained trees onto unit property

Stormwater drainage failure causing property flooding

Fire originating in common areas damaging individual units

HOA or COA insurance disputes — association claiming damage is unit owner's responsibility

Association bad faith in handling or delaying damage claims

  • Water Intrusion from Common Area Roofing

    The roof above a condominium building or a common area roof that covers multiple units is a common element — meaning the association is responsible for its maintenance and insurance. When water enters your unit through a failing roof, missing flashing, or inadequate roof drainage, the question is not simply whether your ceiling is wet. The question is whether the water intrusion originated from a common element. If it did, the association's obligations — and their insurer's obligations — are triggered. The roof above a condominium building or a common area roof that covers multiple units is a common element — meaning the association is responsible for its maintenance and insurance. When water enters your unit through a failing roof, missing flashing, or inadequate roof drainage, the question is not simply whether your ceiling is wet. The question is whether the water intrusion originated from a common element. If it did, the association's obligations — and their insurer's obligations — are triggered. Associations frequently argue that roof leaks are the result of long-term wear rather than a sudden failure, attempting to reclassify covered damage as a maintenance issue. An independent roofing engineer can document the specific cause and timing of the failure and rebut these arguments.

  • Shared Plumbing Failures

    In multi-unit buildings, plumbing running through walls and floors may serve multiple units — making it a common element under the Florida Condominium Act regardless of where it is physically located relative to your unit boundaries. When a pipe in a shared wall or floor fails and water damages your unit, the association may be responsible for the pipe — even if the water first became visible inside your unit. The distinction between "your plumbing" and "the association's plumbing" is frequently disputed and often misrepresented to unit owners. We review the Declaration and the applicable statute to establish exactly where the association's responsibility begins and ends.

  • Contractor Work on Common Areas

    When an association hires a contractor to perform work on common elements — reroofing the building, replacing shared plumbing, servicing the pool system, painting the exterior — and that contractor's work damages your unit, the association may be directly liable. Florida law imposes on associations an obligation to hire qualified, licensed, and insured contractors. When an association fails to verify licensure, fails to obtain proof of insurance, or fails to adequately supervise the contractor's work, the association itself bears responsibility for the contractor's negligence — in addition to the contractor. Several of our case results involve exactly this scenario. Our $330,000 commercial property recovery, our $123,000 pool overflow settlement, and our $120,000 roof replacement flooding settlement all involved associations that were held liable for contractor damage their negligent hiring and oversight practices allowed to occur.

  • HVAC and Mechanical System Failures

    Central HVAC systems, cooling tower systems, and shared mechanical equipment in multi-unit buildings are common elements in most condominium communities. When these systems fail and cause water damage — condensate overflow, refrigerant line failure, chiller leaks — the association's maintenance obligations and their insurer's obligations are typically triggered.

  • Elevator and Building Systems

    Elevator hydraulic leaks, generator fuel spills, boiler system failures, and other building infrastructure failures in common areas can cause significant damage to individual units. These are common element failures squarely within the association's maintenance and insurance obligations.

  • Parking Structure and Garage Damage

    Water intrusion from parking decks and garages into units below is a particularly common issue in South Florida's high-rise condominium communities. Failing waterproofing membranes on parking decks — which are common elements — allow water to penetrate into residential floors below. These claims often involve significant remediation costs and extended disputes about whether the parking structure membrane is the association's responsibility.

About Attorney Carlos D. Cabrera

Property Damage Lawyers

Carlos D. Cabrera, ESQ.

Carlos D. Cabrera oversees the Property Damage Department at Florida Advocates. Before becoming a plaintiff’s attorney, Carlos worked defending insurance companies and gained firsthand knowledge of how insurers evaluate, delay, and undervalue property damage claims. He uses that inside knowledge to build cases that insurance companies take seriously — from initial claim through trial.

Carlos has recovered millions of dollars for Florida homeowners, condo owners, and businesses whose property damage insurance claims were denied, delayed, or underpaid. His background gives clients a distinct advantage: he has sat on the other side of the table, and he knows what insurers are looking for — and what they are hoping you will miss.

Education:

  • J.D. — University of Florida College of Law
  • Admitted to the Florida Bar

Court Admissions:

  • Florida
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida

Awards & Recognition:

  • Million Dollar Advocates Forum — Member (reserved for attorneys who have won $1M+ settlements or verdicts)
  • Multi-Million Dollar Advocates Forum — Member
  • Florida Legal Elite Recognition
  • Bilingual — English and Spanish

Professional Memberships:

  • Broward County Bar Association
  • Florida Bar

Learn more about Carlos D. Cabrera →

What to Do When Your HOA or COA Refuses to Cover Your Damage

IMPORTANT

Before you accept the association's position that the damage is your responsibility, contact us. Associations have experienced legal counsel advising them on minimizing their exposure. You should have the same.

Do:

  1. Document all damage with photographs and video before any repairs
  2. Preserve all correspondence with the association — emails, letters, meeting minutes
  3. Request a copy of the association’s Declaration and current insurance policies
  4. File claims with both your unit owner’s insurer and the association’s insurer
  5. Obtain your own independent estimate of the repair cost
  6. Contact Florida Advocates for a free review of the association’s responsibilities

Do NOT:

  1. Do NOT sign any release or accept any settlement from the association without legal review
  2. Do NOT give recorded statements to the association’s insurer without legal advice
  3. Do NOT accept the association’s verbal statement that the damage is your responsibility without getting that position in writing and having it reviewed by an attorney
  4. Do NOT file only with your own HO-6 insurer and assume the association’s coverage is unavailable — their master policy may be required to respond
  5. Do NOT give recorded statements to the association’s insurer — they represent the association, not you
  6. Do NOT sign any release, indemnity agreement, or repair authorisation from the association without legal review
  7. Do NOT allow the association to perform repairs without first documenting the damage independently — association repairs are sometimes inadequate and can eliminate evidence of the original source
  8. Do NOT miss the association’s internal dispute process deadlines — some communities have governing document procedures that must be followed before legal action

Frequently Asked Questions — Florida HOA and COA Property Damage

Carlos D. Cabrera, ESQ.
Florida Advocates, 

My condo association says the water damage to my unit is my responsibility because it started inside my unit. What are my rights?

This is the most common position COAs take to avoid responsibility, and it is frequently incorrect. Under the Florida Condominium Act and your Declaration of Condominium, the association is responsible for common elements — including plumbing within the walls, the roof above your unit, and shared building systems. If water originated from a common element — even if it first became visible inside your unit — the association may be responsible. An independent plumber or engineer can trace the source of the water and establish the origin point. We handle these source-of-loss disputes regularly.

Potentially both the contractor and the COA or HOA. If the association hired the contractor and failed to verify their licensure or insurance, or failed to adequately supervise the work, the association may be directly liable for the contractor’s negligence — even if they did not perform the work themselves. Three of our case results involve exactly this scenario. We pursue both the contractor and the association to maximize your recovery.

HOAs and COAs, like insurance companies, have legal obligations to respond to claims in a reasonable timeframe. Unreasonable delay in addressing property damage — particularly when the association knows about the damage and fails to act — can constitute a breach of the association’s duties and may give rise to bad faith claims. Document every communication with dates and follow up in writing. Contact us if the association’s delay is causing your damage to worsen.

Not without legal advice. Associations have a financial incentive to repair damage as cheaply as possible, which does not always align with proper remediation. Association repairs that are inadequate can lead to recurring damage, mold growth, and long-term structural problems. Before you agree to any repair by the association, have an independent contractor inspect the damage and verify that the proposed repairs are adequate. We can also review any agreement the association asks you to sign.

Sometimes — but often not entirely. The answer depends on the source of the damage. If the damage originated from a common area maintained by the HOA, the HOA’s coverage obligations under the governing documents and Florida law are triggered. Your homeowner’s insurer can pay your claim and then seek reimbursement from the HOA or its insurer through subrogation. In practice, both insurers try to push responsibility to the other party. We navigate this coverage battle on your behalf.

COAs govern condominium communities under the Florida Condominium Act (Chapter 718). HOAs govern single-family and townhome communities under the Florida Homeowners Association Act (Chapter 720). The insurance obligations, maintenance responsibilities, and legal standards differ significantly between the two. The most important document in either case is the Declaration — the Declaration of Condominium or Declaration of Covenants — which defines the specific boundaries of the association’s responsibilities in your community.

Nothing unless we recover for you. Free consultation, no upfront costs, no attorney fees unless we win. HOA and COA disputes often involve two sets of insurance — your unit policy and the association’s master policy. We evaluate both and pursue all available coverage. In many cases, the association’s insurer pays our fees as part of the settlement, meaning our representation costs you nothing.

Damages You Can Pursue​

  • Full repair or remediation of all association-caused property damage
  • Mold remediation and secondary damage costs
  • Personal property damaged in the incident
  • Temporary housing while your unit is uninhabitable
  • Loss of use of your unit during the repair period
  • Attorney’s fees in appropriate cases

No Fee Unless We Win

We work on a contingency fee basis:

  • Free consultation — no cost to speak with us
  • No upfront fees — we advance all case costs
  • No attorney fees unless we recover for you
  • You will never receive a bill from us while your case is active
Property Damage Lawyers

Florida Advocates Office Locations

Dania Beach (Headquarters)

45 E Sheridan Street, Dania Beach, FL 33004

North Miami

13499 Biscayne Blvd #107, North Miami, FL 33181

Tampa

238 E Davis Blvd #210, Tampa, FL 33606

Phone: 754-263-4252 | Hours: Monday – Friday 9:00 AM – 5:00 PM | Available by phone 24/7 for emergencies

HOA and COA Property Damage Lawyers by Location

We represent HOA and COA clients throughout Florida.

Broward County

Fort Lauderdale, Dania Beach, Hollywood, Broward County

Miami-Dade County

Miami, North Miami, Miami Beach, Hialeah

Palm Beach County

West Palm Beach, Boca Raton, Palm Beach County

Tampa Bay Area

Tampa, St. Petersburg, Hillsborough County

Northeast Florida

Jacksonville, Duval County

Treasure Coast

Port St. Lucie, Fort Pierce, Martin County

Orlando / Central Florida

Orlando, Orange County, Seminole County

Southwest Florida

Fort Myers, Naples, Cape Coral, Lee County

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