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Maintenance disputes are among the most common HOA conflicts. We'll show you what the law says and what your next steps are.
🏠 Resident / Owner
Florida Statute § 718.113 · § 720.303
Florida law creates a legal duty for the association to maintain common elements — and failure to do so creates liability.
Florida § 718.113 requires condominium associations to maintain common elements in good condition. Florida courts have found associations liable for damages to unit owners caused by the association's failure to maintain common elements. The board's duty to maintain is not optional — it is a legal obligation that can be enforced through arbitration or the courts.
Read Florida Statute § 718.113 →
Your Escalation Path — Step by Step
1
Confirm it's actually the association's responsibility. Pull your Declaration and confirm the item in dispute is a common element or limited common element. The strongest complaints are based on clear document language — not just an assumption.
2
Submit a formal written maintenance request — by email. Address it to the property manager and the board. State the specific problem, where it is, when you first noticed it, and that it is a common element under Section [X] of your Declaration. Keep a copy.
3
Document the damage with dated photos. Photograph the problem the same day you submit your request. If the problem worsens over time — photograph it regularly. This creates a timeline of deterioration and shows any damage caused by delay.
4
Follow up in writing if no response in 10 business days. Send a follow-up email citing your original request, the date it was sent, and asking for a written response with a repair timeline. State that continued failure to address may cause additional damage you will hold the association responsible for.
5
Escalate to the full board if management ignores you. Bring the issue to a board meeting during the owner forum. Put it on the record. Follow up with a written summary of what you raised and what response you received.
6
File for mandatory arbitration if the board continues to ignore it. Florida law allows unit owners to petition the DBPR for mandatory non-binding arbitration when the association fails to fulfill its statutory maintenance obligations. Consult a Florida HOA attorney before filing.
Do not withhold HOA dues in protest. Withholding dues — even in response to an association that isn't meeting its obligations — can result in a lien on your unit and additional legal liability for you. Pursue the proper escalation path while continuing to pay regular assessments.
This is general legal information, not legal advice. For maintenance disputes involving significant property damage or the association's persistent refusal to act, consult a Florida HOA attorney. Many handle these cases on contingency.
🏠 Resident / Owner
Florida Statute § 718.113(2)
Florida law allows associations to make emergency repairs to common elements without the usual notice requirements — and requires them to act quickly.
Florida § 718.113(2) specifically allows the association to make emergency repairs to common elements without prior notice to owners when immediate action is necessary to prevent further damage. The flip side: if an emergency involves a common element causing damage to your unit, the association has both the authority and the obligation to act immediately.
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What To Do Right Now in an Emergency
- Call the property manager's emergency line immediately — get the call time on record
- If no emergency line — call the board president directly
- Document everything with photos and video timestamped
- If water or structural damage is active — turn off water supply if accessible
- Notify neighbors below you if water may spread downward
- Keep records of every call, text, and email — with timestamps
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Who Pays — The General Rule
- Common element failure causing unit damage — association typically responsible for both
- Unit owner negligence causing damage to common elements or other units — owner responsible
- Damage from a neighbor's unit leak — depends on the source and your Declaration
- Association's delayed response causing additional damage — association may be responsible for the additional damage caused by the delay
- Your own plumbing or appliance failure — typically your responsibility
Insurance — Know This Before an Emergency
- Florida condo associations carry a master insurance policy covering common elements
- Your HO-6 (condo unit owner) policy covers your unit interior and personal property
- Know where both policies start and stop — review both annually
- After any water damage — notify both your insurer and the association's insurer in writing
- Do not begin major repairs until insurance adjusters have inspected — except emergency mitigation to prevent further damage
This is general legal information, not legal advice. Emergency repair cost disputes can be complex and involve multiple insurance policies. For significant damage, consult both your insurance company and a Florida HOA attorney.
🏠 Resident / Owner
The golden rule: Your Declaration of Condominium is the controlling document. Florida law sets defaults — but your Declaration may modify them. Always check your Declaration first.
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Typically Owner's Responsibility
- Interior walls, paint, flooring inside the unit
- Interior fixtures — lights, ceiling fans, appliances
- Interior plumbing fixtures — toilets, faucets, sinks
- HVAC unit serving only your unit (in many buildings)
- Interior electrical within the unit
- Interior doors and window coverings
- Your personal property
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Typically Association's Responsibility
- Roof and structural components
- Exterior walls and building envelope
- Windows and exterior doors (in most buildings)
- Common plumbing and electrical systems
- Elevators, hallways, lobbies, stairwells
- Pool, fitness center, common amenities
- Balcony structure (railings, waterproofing) in most buildings
- Pest control for common elements
The Gray Zone — These Vary by Building
- Windows — common element in many buildings, owner responsibility in others
- HVAC — depends on whether it's a shared or individual system
- Balcony surface and waterproofing — varies by Declaration
- Pipes within walls — depends on whether they serve one unit or multiple
- Entry doors to units — exterior surface often association, interior owner
- Water heaters — individual units often owner responsibility
This is general legal information, not legal advice. For any significant repair where responsibility is disputed, get your Declaration, find the relevant provisions, and consult a Florida HOA attorney if the dispute involves significant costs.
🏠 Resident / Owner
The Right Way to Submit a Maintenance Request
1
Always submit in writing — email is best. A phone call is easily ignored and leaves no record. An email creates a timestamp, a written record, and proof that the association was notified. Address it to both the property manager AND the board email if you have it.
2
Include the right information. Your name, unit number, exact location of the problem, description of what's wrong, when you first noticed it, and whether it's getting worse. The more specific, the harder to ignore.
3
Reference your Declaration if you can. "Per Section [X] of the Declaration, this appears to be a common element the association is responsible for maintaining." This signals you know your rights and have read the documents.
4
Attach photos. Timestamped photos with your email make the problem undeniable and establish a baseline for any future damage claims.
5
Ask for a written response with a repair timeline. End your email with: "Please respond in writing with the anticipated timeline for this repair." This creates an expectation of a response and a record if they fail to provide one.
6
Keep a file of everything. Every email, every response, every photo. If this ever goes to arbitration or legal action, your paper trail is your strongest asset.
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Sample Email Language
- "I am writing to formally report a maintenance issue that requires the association's attention."
- "The [specific problem] is located at [exact location] and was first observed on [date]."
- "Based on my review of the Declaration, this appears to be [a common element / limited common element] under the association's maintenance responsibility."
- "I have attached photographs taken on [date] documenting the current condition."
- "Please respond in writing with the anticipated timeline for inspection and repair."
This is general legal information, not legal advice. Good documentation habits protect you long before any dispute escalates. Start keeping records from the very first maintenance request.
📋 Board Member
Florida Statute § 718.113 · § 720.303
The association has a legal duty to maintain common elements — and documented failure creates liability.
Florida courts have consistently found associations liable for damages to unit owners caused by the association's failure to maintain common elements in good condition. The board's maintenance duty is not discretionary — it is a legal obligation. A documented system for receiving, tracking, and responding to maintenance requests is the board's best protection against liability.
Read Florida Statute § 718.113 →
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Elements of a Good Maintenance Request System
- A designated channel for maintenance requests — email, management portal, or written form
- Written acknowledgment to the resident within 3-5 business days of receipt
- A tracking system that logs every request with date received, status, and resolution
- Clear communication to residents about expected timelines — what's routine vs. what takes longer
- Written updates if a repair is delayed — not silence
- Written notice of completion when the repair is done
- Records kept for a minimum of 7 years — maintenance records are official association records
What Creates Liability for the Board
- Ignoring written maintenance requests without response
- Failing to act on known common element deterioration
- Delayed response that allows minor damage to become major
- Falsely claiming a common element is the owner's responsibility to avoid repair costs
- Failure to maintain records of maintenance requests and responses
This is general legal information, not legal advice. A documented maintenance system is one of the most important risk management tools an HOA board can implement. Consider having association counsel review your maintenance response procedures annually.
📋 Board Member
Florida Statute § 718.113(2)
The board can authorize emergency repairs without the normal notice and approval process — but must document everything.
Florida § 718.113(2) explicitly authorizes the association to undertake emergency repairs to common elements without prior notice to owners when immediate action is necessary to prevent further damage to common elements or units. This authority comes with responsibility — the board must document the emergency, the decision, and the actions taken.
Emergency Repair Protocol for Boards
1
Establish an emergency contact system before emergencies happen. Every owner should have a 24/7 emergency contact number. The property manager or designated board member must be reachable around the clock for genuine emergencies.
2
Authorize repairs immediately when common elements are involved. Do not delay emergency repairs to common elements to save money or wait for a board vote. The cost of delay — in both physical damage and legal liability — almost always exceeds the repair cost.
3
Document the emergency decision in writing. Who authorized the repair, when, why it was classified as an emergency, and what was done. This documentation protects the board from second-guessing later.
4
Notify affected owners as soon as practicable. Even though prior notice isn't required in emergencies, notify affected owners as soon as possible about what happened, what was done, and what costs may result.
5
Notify both the association's insurer and any affected owner's insurer. Prompt insurance notification is essential in water damage and structural emergency situations. Delayed notification can affect coverage.
This is general legal information, not legal advice. For significant emergency repairs involving major structural damage or large costs, consult association counsel as soon as the immediate emergency is stabilized.
📋 Board Member
The most expensive mistake boards make: Incorrectly denying responsibility for a common element repair, forcing the owner to pay for it themselves, and then facing a lawsuit when the owner discovers they were right. Always verify before denying.
How to Determine Responsibility Correctly
1
Pull your Declaration first — every time. Never rely on memory or past practice to determine maintenance responsibility. Go to the actual Declaration language for every significant dispute.
2
Find the unit boundary definition. Your Declaration defines where the unit ends and the common elements begin. This is the starting point for any responsibility determination.
3
Find what the Declaration says specifically about the item in dispute. Many Declarations specifically list responsibility for windows, doors, HVAC, balconies, and other commonly disputed items.
4
When in doubt — consult association counsel before denying. A 15-minute legal call is far less expensive than a lawsuit over a misattributed repair responsibility. When the Declaration is ambiguous, get legal guidance before telling an owner it's their problem.
5
Put your determination in writing with the Declaration basis. Never give a verbal responsibility determination. Always confirm in writing, citing the specific Declaration section that supports your position.
This is general legal information, not legal advice. Maintenance responsibility disputes are one of the most litigated areas of Florida condo law. Build a written maintenance responsibility reference document based on your specific Declaration — and have association counsel review it.
📋 Board Member
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Your Maintenance Request System Should Include
- A single designated channel — email address, management portal, or written form — communicated to all residents
- Automatic written acknowledgment within 3-5 business days
- A priority classification system — emergency (same day), urgent (within 3 days), routine (within 30 days)
- A tracking log that records every request, date received, priority level, assigned contractor, and resolution date
- A written communication to the resident when the repair is scheduled and when it is complete
- A clear written policy on what is association responsibility versus owner responsibility — based on your Declaration
- An after-hours emergency contact number for genuine emergencies
- Records retained for a minimum of 7 years as required by Florida law
Red Flags That Create Liability
- No documented system — everything handled informally and verbally
- No written responses to maintenance requests — oral only
- Long delays without communication to the resident
- Losing track of outstanding requests — no tracking system
- Denying responsibility without citing the Declaration basis
- No after-hours emergency contact — unacceptable for multi-family buildings
This is general legal information, not legal advice. A well-documented maintenance system is one of the most effective risk management tools available to Florida HOA and condo boards. Have association counsel review your maintenance procedures and response policies annually.