A leak can start inside one condominium unit and damage property outside that unit’s legal boundaries. For Northwest Florida condominium boards, the first response should identify the affected components and their maintenance classification. Starting with “the leak came from an owner’s bathroom” may leave a separate association obligation unanswered.
What McLlenan explains
In McLlenan v. Cypress Chase North Condominium No. 4 Association, decided June 5, 2024, the Fourth District reversed a summary judgment favoring the association. The claims alleged damage and injuries from failure to repair common elements after a leak originating upstairs. The declaration placed relevant spaces between units outside unit boundaries and assigned common-element repairs to the association.
The court held that the association’s repair duty was not eliminated because an owner caused the damage. The declaration allowed recovery of repair expenses arising from an owner’s negligence, but that allocation did not excuse performing the repair. Reversal and remand did not establish a final damages award or make every damaged item the association’s responsibility.
Apply the current maintenance framework
Section 718.113(1) assigns common-element maintenance to the association, while recognizing limited-common-element responsibilities assigned to owners by the declaration. It also requires the association to provide maintenance, repair, and replacement for condominium property for which the declaration makes it responsible. Boundaries and maintenance assignments therefore deserve their own review.
The current statute also addresses developer-provided maintenance requirements after turnover, continuing them until replacement protocols are obtained from a specified qualified professional. That provision reinforces the value of keeping maintenance instructions with the property records rather than relying on recollections of who repaired a similar problem years ago.
A practical response checklist
- Open an incident log recording when the problem was reported, the affected locations, photographs, access requests, and the actions taken. Keep factual observations distinct from unconfirmed theories about fault.
- Have an appropriate professional investigate the source and extent of damage. Ask the report to identify affected building components, not merely the room in which moisture was first noticed.
- Compare those components with the recorded unit boundaries and maintenance provisions. Obtain legal help if the drawings, declaration, and physical construction do not align clearly.
- Separate the repair plan from the reimbursement analysis. Prepare distinct questions about who must perform work, insurance coverage, deductibles, negligence, and any right to recover costs.
- Give residents a named contact and a documented schedule for access and updates. Preserve invoices and inspection reports so that later cost allocation does not depend on memory.
For example, an owner’s plumbing component and the building cavity below it can require different decisions. A single work order can list each affected component, the proposed work, and the pending responsibility determination. This article concerns Chapter 718 condominiums; it does not establish homeowners-association maintenance duties. Obtain case-specific advice before charging an owner, denying a claim, or accepting responsibility for disputed losses. Insurance obligations and legal repair duties should be reviewed together without treating either as an automatic answer to the other.
Reviewed November 4, 2026. Educational information only; obtain association-specific legal advice before acting.