A condo association is responsible for maintaining the common areas and elements of a condo development. That includes managing the association's finances and hiring vendors to clean, repair, and maintain the community. This enhances the quality of life for the residents and helps keep condo unit values high.
This means it is the condo owner's responsibility to perform repairs and maintenance within the interior of their home and other outlined areas of the property that they have exclusive use of. Owners are responsible for the maintenance and repairs that occur within the interior of their unit.
While the Florida inium owner is responsible for repairs within the unit, the association is typically responsible for repairs, shared spaces, and the building that houses the units.
The association is responsible for the maintenance and replacement of all general common elements, and in the case of condos, there are many. General common elements, which are used by every unit owner, include sidewalks, elevators, roofs, lobbies and common hallways, and community amenities like pools.
Failure to Maintain Common Elements Failing to fulfill this responsibility can be grounds for legal action. Homeowners will complain and even sue the HOA when an association fails to maintain or repair a common element or area. The same applies even if a natural disaster causes damage.
Building Exterior: Repairs to the building's exterior, including roofing, siding, and gutters, are typically the responsibility of the condo association. These elements are considered common property, and their maintenance is crucial for the overall safety and aesthetics of the building.
To put it simply, homeowners can sue HOA or condo board members and even name them personally in the lawsuit. But, there's no guarantee that they will win. Board members are afforded a certain level of protection from personal liability through state laws and the association's governing documents.
A Florida Lawyer Can Help You Make a Formal Complaint in Writing. Like many personal injury cases, your case against the HOA starts with a complaint of injury. A lawyer in your area can help you establish your case, prove the HOA's liability, and send an initial demand letter.
The Florida Department of Business and Professional Regulation's (DBPR) CTMH Division oversees five program areas: iniums, cooperatives, timeshares, mobile homes, and yacht and ship brokers and salespersons.
You can sue your Florida homeowners' association (HOA) for negligence if you or a loved one was injured because of flawed, faulty, or negligent repairs or security.