When a roof starts leaking in a Florida homeowner association, homeowners often call the property manager expecting immediate action, only to discover the manager can’t authorize the work. Board members assume the property manager handles everything, then face angry residents when repairs stall.
This confusion stems from misunderstanding who has decision-making authority. The distinction between an HOA board and a property management company matters significantly when urgent repairs become necessary.
HOA vs Property Management in Florida โ What’s the Difference?
The HOA board and property management company serve distinct functions under Florida law.
The HOA board consists of elected homeowners who hold legal authority to make financial decisions for the association. Board members vote on budgets, approve major expenditures, and establish maintenance priorities. Under Florida Statutes Chapter 720, the board bears ultimate responsibility for maintaining common elements.
Property managers function as third-party vendors hired to execute the board’s decisions. They coordinate vendors, handle daily operations, and manage administrative tasks. Despite their active involvement in association operations, property managers lack authority to approve spending or make binding decisions on the HOA’s behalf.
๐๏ธ Many homeowners mistakenly believe property managers hold decision-making power. The property manager serves as the association’s operational arm, but the board remains the decision-making body. When homeowners request roof repairs, the manager can schedule inspections and gather quotes, but only the board can authorize the work and allocate funds.
Hypothetical Scenario: A townhome community experiences roof damage after a severe thunderstorm. Multiple residents contact the property manager reporting leaks. The manager can immediately arrange for a roofing contractor to inspect the damage and provide repair estimates. However, the manager cannot sign a contract or approve payment without board authorization.
Roof Repairs โ Who’s Responsible Under Florida Law?
Florida statutes establish clear maintenance responsibilities for associations, though the specific application depends on property type and governing documents.
For condominiums, Florida Statutes Section 718.113 states that maintenance of common elements is the responsibility of the association. Roofs typically qualify as common elements in condominium buildings.
HOA responsibilities under Florida Statutes Chapter 720 depend heavily on the association’s governing documents. In single-family home communities, roofs may be the homeowner’s individual responsibility. In townhome developments, roofs often qualify as common or limited common elements requiring association maintenance.
The declaration of covenants, conditions, and restrictions (CC&Rs) defines which elements the association maintains. Whether does the HOA cover roof leaks depends on what the governing documents specify.
| Property Type | Typical Roof Responsibility | Governing Authority |
|---|---|---|
| Condominium | Association (common element) | Florida Statutes ยง 718.113 |
| Townhome (attached) | Often Association or Limited Common | CC&Rs and Declaration |
| Single-Family Home | Usually Homeowner | CC&Rs and Declaration |
| Mixed-Use Development | Varies by building type | Declaration and Bylaws |
The Florida Department of Business and Professional Regulation’s Division of Condominiums, Timeshares, and Mobile Homes provides educational resources helping homeowners and board members understand these maintenance obligations. The division offers free courses on compliance with Florida statutes governing associations.
Who Handles the Repair Process: HOA or Property Manager?
Task delegation between boards and property managers determines how roof repairs actually progress.
| Task | HOA Board | Property Manager |
|---|---|---|
| Approves Budget | โ | โ |
| Schedules Vendor | โ | โ |
| Handles Complaints | โ | โ |
| Makes Repair Decisions | โ | โ |
| Reviews Bids | โ | โ |
| Signs Contracts | โ | โ |
| Coordinates Insurance | โ | โ |
| Authorizes Emergency Repairs | โ | Limited* |
*Property managers may have limited emergency authority only when specifically granted in their management agreement.
โ๏ธ The board authorizes while the manager implements. When roof repairs become necessary, the property manager gathers contractor bids, schedules inspections, and presents options to the board. The board reviews proposals, votes on which contractor to hire, and authorizes payment. Once approved, the manager coordinates the work and handles administrative details.
For an experienced HOA attorney in Florida, this division of responsibilities becomes critical when disputes arise. Determining whether the board failed to authorize work or the manager failed to execute approved repairs affects legal strategy.
Common Roofing Disputes in Florida HOAs
Florida’s harsh weather creates frequent roofing issues that spark conflicts between homeowners and associations.
Repair delays following storm damage rank among the most common complaints. After hurricanes or severe storms, associations face overwhelming repair demands. Property managers struggle to schedule contractors experiencing high demand, while board members debate repair priorities and budget constraints.
โก Hypothetical Scenario: A condominium building experiences widespread roof damage after a hurricane. The property manager obtains three repair estimates ranging from $150,000 to $200,000. However, the board cannot meet for three weeks due to member availability, and the manager lacks emergency authorization in the management agreement. Meanwhile, water damage spreads to multiple units below the damaged sections.
Disagreements about whether roof issues qualify as common elements or individual responsibility generate significant conflict. A unit owner’s roof leak might originate from the building’s common roof structure, yet the association argues the leak entered through the owner’s window frame.
Communication breakdowns between property managers and boards leave homeowners without answers. Managers may collect repair requests without informing the board promptly. Boards sometimes authorize repairs without instructing managers to proceed.
๐ข The Miami-Dade County Courthouse at 73 West Flagler Street in Miami handles numerous HOA disputes when conflicts escalate to litigation.
Contact our HOA attorney in Miami when your association fails to address documented roof damage.
How to Avoid Roofing Disputes as a Homeowner or Board Member
Proactive steps significantly reduce conflicts over roof maintenance and repairs.
Review governing documents thoroughly before assuming who bears responsibility for any repair. Read the declaration, CC&Rs, bylaws, and maintenance matrix if one exists. These documents specify whether roofs qualify as common elements, limited common elements, or individual homeowner property.
Submit all repair requests in writing rather than relying on verbal communication. Email creates documentation showing when you reported damage and what responses you received. Written requests help property managers track issues and provide proof to boards that homeowners reported problems.
๐ง Ask for clarification before accepting financial responsibility for any repair. When a manager or board claims a roof issue is your responsibility, request the specific governing document provision supporting that determination.
Request legal review when maintenance responsibility remains unclear after examining governing documents. Many roof disputes involve limited common elements serving specific units while remaining association property.
The University of Florida’s Real Estate program in Gainesville provides research and education on property ownership structures.
When to Call an HOA Lawyer in Florida
Certain situations demand legal intervention to protect homeowners’ rights and property.
The board denies repairs to documented common elements despite clear governing document language requiring association maintenance. If your roof qualifies as a common element under the declaration and the board refuses to authorize necessary repairs, legal action may be required.
A property manager refuses to act on board-approved repairs or actively prevents contractors from accessing common areas. While rare, some property management disputes require legal resolution.
Conflicting interpretations of governing documents create ongoing confusion about maintenance responsibility. When boards, property managers, and homeowners each interpret provisions differently, an attorney can provide legal analysis.
Get in touch with our experienced HOA attorneys in Florida today for a legal consultation. We help homeowners enforce association maintenance obligations.
Frequently Asked Questions
Who is responsible for roof repairs in an HOA in Florida?
Typically, the HOA is responsible for repairing roofs classified as common elements, especially in condominiums. For single-family homes or townhomes, responsibility may fall on the homeowner unless the governing documents state otherwise.
Can a property management company approve roof repairs?
No. Property managers cannot approve major repairs like roofing without direction from the HOA board. They execute the board’s decisions but lack authority to spend HOA funds without approval.
What happens if the HOA refuses to fix a roof?
If the HOA fails to maintain common elements such as the roof, homeowners may have legal grounds to force compliance. Legal action may involve mediation, arbitration, or a civil lawsuit. Homeowners should document all repair requests and association responses.
Are roof leaks covered by the HOA in Florida condos?
Yes, if the roof is classified as a common element. Florida law and condo documents usually make the HOA responsible for structural maintenance, including roofs.
How can I resolve a dispute about roof repair responsibility?
Start by reviewing the condo or HOA governing documents, particularly the declaration and maintenance schedules. Submit a formal written complaint documenting the roof damage and your position. If the issue remains unresolved, consult with an HOA attorney.