Florida Condo Roof Leaks: Who’s Responsible? Florida’s rainy season often brings a common problem to the forefront for condo owners: a leaking roof. At Perez Mayoral, P.A., a premier HOA disputes attorney firm, we frequently help clients understand the complexities of this issue. Our team of seasoned HOA attorneys for homeowners is adept at navigating the intricacies of these situations. Pertinent Florida Statutes The responsibility for maintaining common elements, including the roof, usually falls on the Condominium Association in Florida. Florida Statutes Chapter 718.113 reinforces this, stating, “Maintenance of the common elements is the responsibility of the association.” This rule extends to all common elements unless otherwise specified in the declaration. “Common elements” as defined by Florida Statutes Chapter 718.108, include parts of the condominium property not included within the units, such as easements for the furnishing of utilities to units and the common elements, and property and installations required for the furnishing of utilities and other services to more than one unit or to the common elements. A roof generally falls under this definition as it is not “within the unit.” The declaration can designate other parts of the condominium property as common elements, which could potentially include the roof. Therefore, it is essential for condo owners to be familiar with their declaration to understand their rights and responsibilities fully.
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