Civil Litigation Attorney
Condo & HOA Association Lawyer in Tampa Bay
Written and reviewed by Cory Cannon, Esq.
Published Updated
When a community association faces an underpaid hurricane claim, cracked balconies, spalling concrete, water intrusion, or an abandoned construction project, it may need counsel experienced in insurance and construction litigation. We represent Tampa Bay condominium and homeowners’ association boards pursuing claims against insurers, builders or developers, and contractors. The sections below organize those claims by the responsible party and the governing legal process.
We represent property-damage claimants. My family has worked in construction for generations. We analyze carrier estimates, repair scopes, and licensed local contractor bids to document the cost of restoring association property. That construction experience informs claims for insurance proceeds, defective work, and contractor nonperformance.
Findings summary
- Three types of claims. Association building problems may support an insurance claim against the association’s carrier, a defect claim against a builder, developer, design professional, or product manufacturer, or a construction-contract claim involving a contractor on a current project. We evaluate and pursue all three types.
- The board can hire the lawyer. Retaining counsel and pursuing a property-damage claim on behalf of the association is a board decision. Under Fla. Stat. § 718.111(3) (condominiums) and Chapter 720 (HOAs), the association may bring claims for damage to the common elements. No unit-owner vote is required to engage counsel.
- The 36-month appraisal rule. Condominium associations must insure the property to replacement cost, set by an independent insurance appraisal updated at least once every 36 months. Fla. Stat. § 718.111(11)(a).
- Milestone inspections apply to qualifying residential condominium and cooperative buildings. A building that is three habitable stories or more and is subject, in whole or in part, to residential condominium or cooperative ownership must undergo milestone inspections at the age and frequency specified by law. A Phase 2 finding of substantial structural deterioration requires repairs to commence within 365 days after the local enforcement agency receives the report. Fla. Stat. § 553.899.
- Members approve alternative reserve funding. Under Fla. Stat. § 718.112(2)(f), condominium reserves for SIRS items may be funded by regular assessments, special assessments, lines of credit, or loans. A special assessment, line of credit, or loan requires approval by a majority of the total voting interests of the association.
- Practice scope. We handle property-damage and construction claims involving the association’s physical property and recovery for repairs. Association general counsel handles covenant enforcement, assessment collections, elections, records requests, and routine governance.
Educational information, not legal advice for your specific matter.
What kind of lawyer does an association need for a building problem?
Association general counsel typically drafts amendments, responds to records requests, and advises on elections and routine governance. When shared property such as a roof, balcony, plumbing system, concrete structure, or window assembly fails, an association may need a property-damage and construction litigator to analyze the repair scope, retain appropriate independent experts, and pursue the responsible party. The available claim, deadline, and defendant depend on whether responsibility rests with a carrier, developer, design professional, manufacturer, or contractor.
Start by identifying who may be legally responsible. Storm, burst-pipe, and fire losses may support an insurance claim when a carrier denies, delays, or underpays covered benefits. Original workmanship, design, or product failures may support a construction-defect claim against a builder, developer, design professional, or manufacturer. Nonpayment, defective new work, delay, and lien disputes on a current project may support a construction-contract claim. The four pages below address these common claim types.
Four common association building claims
The applicable law and deadlines depend on the responsible party. Claims against a carrier are governed by policy terms, statutory deadlines, and possible appraisal. Claims against a builder, developer, design professional, manufacturer, or contractor are governed by construction law, warranties, contracts, and the Chapter 558 presuit notice process when applicable. Identifying all potentially responsible parties early helps protect each available claim.
1. The carrier denied, delayed, or underpaid a claim
When a carrier denies, delays, or underpays a hurricane, wind, water, or fire claim, the association may pursue the benefits available under its property policy. We evaluate the claim submission, sworn proof of loss, policy deadlines, appraisal provisions, and the difference between the carrier’s estimate and the documented cost of a code-compliant repair.
2. The building was defective from the start
Recurring water intrusion, cracked stucco, premature roof failure, and other performance problems may result from defective construction or design. The association may pursue the developer, general contractor, subcontractors, design professionals, or product manufacturers through applicable warranties and the Chapter 558 presuit process. We retain independent licensed engineers to establish cause and the cost to cure.
3. Cracked balconies, spalling concrete, structural distress
A milestone inspection or engineer’s report may identify balcony, railing, or concrete conditions such as spalling, corroded rebar, and deflection. For qualifying residential condominium and cooperative buildings, milestone and SIRS requirements may impose separate inspection, funding, and repair obligations. Associations should preserve evidence and promptly review potential claims when a Phase 2 report identifies substantial structural deterioration.
4. A dispute with a contractor on a current project
A re-roof, re-pipe, restoration, or concrete-repair project may lead to a payment dispute, construction lien, defective-work claim, delay claim, or abandonment claim. These disputes are governed by the current project’s contract, construction law, and lien law.
A single failure can support more than one claim. For example, water damage caused by a construction defect may also trigger insurance coverage, with separate deadlines and responsible parties for each claim. Send us the inspection report or carrier correspondence so we can identify potentially responsible parties and applicable deadlines.
Can the board hire a lawyer, or does the whole community have to vote?
The board can hire the lawyer. For condominiums, Fla. Stat. § 718.111(3) authorizes the association to institute, maintain, settle, or appeal actions in its own name on behalf of all unit owners on matters of common interest, including claims involving the common elements, roof, and structural components. Chapter 720 gives homeowners’ associations authority to act on behalf of members in common-area matters. The board generally authorizes representation and litigation through a duly noticed meeting and recorded vote.
Membership approval is generally unnecessary to retain property-damage counsel or file a claim. Funding certain repairs may separately require member approval. Governing documents may also require notice to members before litigation or a membership vote before certain construction-defect suits. We review the declaration and bylaws at the outset to identify those additional procedures.
The 36-month insurance appraisal rule: why boards get caught by it
An insurance appraisal under this requirement is an independent valuation of the property’s replacement cost. Under Fla. Stat. § 718.111(11)(a), a condominium association must use its best efforts to obtain adequate property insurance based on the replacement cost of the property. An independent insurance appraisal, or an update of a prior appraisal, must determine that replacement cost at least once every 36 months. This valuation requirement is separate from a policy’s claim-appraisal process.
A current replacement-cost appraisal helps document coverage adequacy and address potential coinsurance issues after a loss. An expired valuation may complicate disputes over the amount of available coverage. We review the appraisal’s date and scope early in an association insurance matter and recommend that associations update stale valuations before the next loss.
Milestone inspections and SIRS for qualifying buildings
Florida’s milestone-inspection law applies to a building that is three habitable stories or more and is subject, in whole or in part, to the condominium or cooperative form of ownership as a residential condominium under Chapter 718 or a residential cooperative under Chapter 719. Homeowners’ associations governed only by Chapter 720 are outside this statutory milestone regime. These inspection, funding, and repair obligations may overlap with a structural-defect claim.
Milestone inspections
A milestone inspection is a structural inspection performed by a licensed architect or engineer when a covered building reaches the age specified by law. It has two phases under Fla. Stat. § 553.899. Phase 1 is a visual examination. If the inspector identifies substantial structural deterioration, the building proceeds to Phase 2, which may use destructive or nondestructive testing to assess the extent of the deterioration and recommend a repair program.
When a Phase 2 report identifies substantial structural deterioration, the applicable local ordinance must require repairs to be scheduled or commenced within a specified period, and repairs must be commenced within 365 days after the local enforcement agency receives the report. If the owner fails to submit proof that repairs were scheduled or commenced on time, the local enforcement agency must determine whether the building is unsafe for human occupancy. The Phase 2 report may also provide evidence for a structural-defect claim. Prompt legal review can help preserve claim options while the association plans required repairs.
Structural Integrity Reserve Studies (SIRS)
A Structural Integrity Reserve Study, or SIRS, evaluates specified building components and recommends a reserve-funding plan for maintenance and replacement. Under Fla. Stat. § 718.112(2)(g), a residential condominium association generally must obtain a SIRS at least every 10 years for each condominium building that is three habitable stories or higher, subject to statutory exclusions. Residential cooperatives have parallel requirements under Chapter 719. A SIRS may document the building’s condition, expected work, timing, and cost, and that information may affect a structural-defect claim.
Who approves SIRS special assessments and alternative reserve funding?
Under Fla. Stat. § 718.112(2)(f), reserves for SIRS items may be funded by regular assessments, special assessments, lines of credit, or loans. A special assessment, line of credit, or loan requires approval by a majority of the total voting interests of the condominium association. “Total voting interests” means all voting interests in the association. A majority of the votes represented at a meeting may be insufficient.
A unit-owner-controlled condominium association required to have a SIRS may use a line of credit or loan for capital expenses required by a milestone inspection or SIRS, subject to the funding, availability, and disclosure requirements in Fla. Stat. § 718.112(2)(f). The association’s SIRS must account for the approved funding method, and the association must update the study when the budget’s funding method does not align with the most recent funding plan. These Chapter 718 requirements govern condominium associations; a homeowners’ association should review Chapter 720 and its governing documents for its applicable reserve and assessment procedures.
Recovery from a carrier, developer, design professional, manufacturer, or contractor may reduce the amount an association must raise through assessments or financing. We evaluate potential claims together with repair and funding obligations so the board can consider expected recovery when presenting funding decisions to the membership.
Scope of representation
Our association practice focuses on property-damage and construction litigation involving physical property and repair costs. Association general counsel should address covenant and rule enforcement, collection of assessments and liens against owners, elections, records requests, amendment drafting, and routine governance. We represent associations seeking insurance benefits or recovery from parties responsible for damaged or defective common property.
How we work with a board
We begin by reviewing the insurance policy or construction contract, carrier estimate, engineer’s report, milestone and SIRS documents when applicable, maintenance history, and governing documents. We retain independent licensed engineers and other experts when needed to establish cause and the cost to cure. We also compare the carrier’s estimate with licensed local contractor bids and other evidence of repair costs.
I grew up around the trades and bring generations of Florida construction background to my work. That experience informs our review of scopes of work, repair estimates, construction records, and claimed damages.
What it costs
Some association recovery matters may be accepted on contingency. Under a contingency agreement, you owe no attorney’s fees, case costs, or expenses unless there is a recovery. The written agreement controls.
Start here: association resources
These resources provide additional information for boards and community association managers:
- The Florida condo association property-damage guide: a board member’s plain-English walkthrough of hurricane, structural, and insurance claims and how they relate.
- Hurricane claim filing deadlines in Florida: filing and notice periods that may govern a storm claim.
- Appraisal vs. mediation: how the two main out-of-court paths for resolving an insurance dispute actually differ, and when each helps.
- Insurance claim deadline calculator: plug in your dates and see where your claim stands on the statutory clock.
Related practice areas include property insurance claims, construction defects, and construction litigation.
Talk to us about your building
Bring the inspection report, carrier correspondence, construction contract, or contractor correspondence that alerted the board to the problem. Contact us to request a consultation about potential claims, responsible parties, and applicable deadlines. Consultation and fee arrangements depend on the matter.