In Florida, homeowners associations (HOAs) are the legal stewards of a community’s shared property and amenities. That responsibility means when construction defects occur in common areas or shared building components, the HOA — not individual homeowners — must step in to address the problem.

For many communities, this is a significant financial burden. Repair costs for drainage failures, defective roofs, crumbling roads, or water intrusion in shared walls can run into the hundreds of thousands — or even millions — of dollars.

When the HOA doesn’t take action against the responsible builder or developer, the only alternative is to raise monthly assessments or issue special assessments to every homeowner. And in Florida, where housing costs are already high, these unexpected fees can strain residents’ budgets and cause serious tension within the community.

That’s why acting quickly is critical — both to prevent damage from getting worse and to meet Florida’s strict statute of limitations and statute of repose deadlines for defect claims.

• Retention ponds or drainage swales overflowing after rain.
   
• Standing water in parking areas, sidewalks, or landscaped common areas.
   
• Erosion undermining roads, walkways, or building foundations.
   

Why it matters: Poor drainage can cause structural damage, mold growth, and make amenities unusable.

• Roads cracking, sinking, or developing potholes soon after construction.
   
• Sidewalks heaving or settling unevenly, creating trip hazards.
   
• Parking lots with improper grading that hold water instead of draining.
   

Why it matters: Repairs are costly and safety hazards increase the HOA’s liability.

• Cracks or separation in stucco that allow water inside walls.
   
• Missing or poorly installed moisture barriers.
   
• Water intrusion into shared walls of townhouses or condominiums.
   

Why it matters: Water infiltration can lead to wood rot, mold, and major structural repairs.

• Leaks in clubhouse or multi-unit building roofs.
   
• Improperly installed flashing, underlayment, or shingles.
   
• Flat roofs with drainage issues causing ponding water.
   

Why it matters: Roof replacements for multiple buildings can devastate an HOA’s reserve funds if not covered by a defect claim.

• Plumbing failures in shared water or sewer lines.
   
• Electrical malfunctions in lighting for parking lots or amenities.
   
• Pool deck cracks, leaking fountains, or HVAC failures in shared gyms.
   

When defects aren’t addressed through legal action, the HOA must pay for repairs from its own budget. This often means:

• Increasing monthly dues for all homeowners.
   
• Imposing special assessments, sometimes in the thousands per household.
   
• Delaying other maintenance projects to free up funds.
   

In today’s Florida housing market — with rising insurance premiums, high interest rates, and increasing operational costs — most HOAs simply cannot afford to absorb these costs without significant financial impact to their members.

By pursuing a construction defect claim, an HOA can shift the burden to the responsible builder, developer, or contractors — protecting both the community’s property values and the homeowners’ wallets.

Florida law imposes strict deadlines:

• One-Year Builder’s Warranty – Covers most workmanship/material defects immediately after construction.
   
• Four-Year Statute of Limitations – Runs from when the HOA knew or should have known about the defect.
   
• Seven-Year Statute of Repose – Absolute deadline to bring a claim, even for hidden defects.
   

Missing these deadlines means the HOA loses the right to recover damages — leaving members to foot the entire bill. For many associations, this can mean millions of dollars in repair costs.

We understand the pressures HOA boards face when dealing with construction defects. Our approach is thorough, strategic, and designed to resolve cases quickly without unnecessary disruptions to the community.

We send experienced inspectors to the property to look for visible and hidden defects — including hard-to-access areas like crawl spaces, attics, and roof structures. We document every issue with photographs, notes, and video evidence.

Once defects are identified, we bring in a licensed engineer to perform an in-depth evaluation. The engineer’s report details:

• The cause of each defect.
   
• How it violates the Florida Building Code or industry standards.
   
• The recommended repairs or replacements.
   

We assemble a well-documented claim file containing:

• Inspection findings.
   
• Engineering reports.
   
• Photographic and video evidence.
   
• Maintenance and complaint records from the HOA.
   

This comprehensive file gives us maximum leverage in negotiations and litigation against the builder.

We work aggressively to resolve defect claims as quickly as possible — whether through negotiated settlements or in court — to get repairs underway and prevent further damage.

• Experience – We focus on Florida construction defect cases and understand HOA-specific legal challenges.
   
• Full-Service Representation – From inspections to engineering reports to courtroom advocacy.
   
• Goal-Oriented – We aim to recover repair costs so the community avoids special assessments.
   
• Responsive Communication – We keep boards informed every step of the way.
   

If your HOA is facing drainage problems, roof leaks, stucco cracks, or other defects in your community’s common areas, don’t wait. Every day increases the risk of damage — and every month brings you closer to Florida’s legal deadlines.

📞 Call Kagan Law PLLC (954) 300-1068 or fill out our online contact form for a free consultation. We’ll inspect your community, identify defects, and fight to hold the builder accountable — so your residents can enjoy their homes without the burden of unexpected costs.