Can You Withhold HOA Fees in Florida If Your Condo Board Won't Fix a Leak?
Your board has known about the leak for months. You have sent emails and knocked on doors. You see the mold spread across the shared wall as nobody does anything. Now, not paying your HOA fee seems like the only thing you can do.
It is not, and if you play it, you will be in a worse spot. Here is what Florida law really gives you.
The Short Answer: No, and It Can Cost You the Unit
Florida law is clear about this. Condo owners must pay fees even if the board does or does not do something. In Florida Section 720.3085, if you miss a payment, the board can put a claim on your property. If you do not pay for 90 days, this can lead to a foreclosure.
I understand that you feel upset. But the way you are handling this is not right. Courts have said many times that if you owe fee money, it is not a good reason to say the board did something wrong. You cannot use these unpaid fees to cancel out the board’s mistakes.
Florida Law Still Requires Your Board to Fix the Problem
Here is what most condo owners do not see. The same legal system that says you cannot hold back payment also gives your board a duty to fix things. Florida Statute Section 718.113(1) says the board must take care of shared areas. Florida Statute Section 718.111(11)(f) goes on to talk about insurance. The board’s insurance must cover inside walls, walls that hold weight, and shared pipes.
Florida condo attorneys call this the "drywall out" rule. Everything starting from the inside part of the outside drywall and going out is insured by the board. If the leak begins in a shared pipe or in the outer wall, the board cannot wait to fix it just because the damage went into your unit. South Florida boards with managers who are not there often use the unit boundary reason to get out of helping. The law does not back them up on this.
The McLlenan Ruling Closed the "Other Unit" Loophole
Boards have said for a long time that a leak from someone else's pipe is not something they have to fix. In June 2024, Florida's Fourth District Court of Appeal said this is not correct.
In McLlenan v. Cypress Chase (387 So. 3d 321, Fla. 4th DCA 2024), Randy McLlenan got sewage water leaking into his unit. It came down from his bathroom ceiling. The water started because a drain above his unit was blocked. The board did not want to fix the common spots. They said the leak was from a neighbor’s pipe. The court changed that call. The court said the board has a duty that it cannot give to someone else to fix the common parts, no matter how the problem started. The court also said it does not matter what caused the leak. The board still must fix the damage.
For people who own condos in West Palm Beach, this ruling takes away the main reason the board often gives.
Why Mold Makes the Dispute Harder Without a Record
A board does not always fix things right away. The board can argue about where the mold is. They may say it is in the unit or in the building they share. This is not easy for them when someone has already done a mold test and recorded what kind of mold it is, how much of it is there, and where it grows. This happens before anyone takes down a wall.
Mold after a slow leak in a shared wall can take six to eight weeks to show up in West Palm Beach because of the heat and humidity. By the time you spot it, mold inside the drywall is already there. If the board sends a team before you get your own test, the best proof of what was present could be gone. Post-storm mold in WPB happens in the same way. Moisture gets in through a shared wall. Mold starts growing inside first, and then you see it on the surface last. A test from your own expert before any crew does work helps keep records in your favor.
Three Steps That Work Under Florida Law
Rather than withholding fees, take these steps.
Send a written notice to the board by certified mail. Talk about the defect. Say when you first reported it. Mention the law you are using. This makes a clear legal record.
File a complaint with the Florida Department of Business and Professional Regulation. This group looks after condo managers and how associations work. A complaint gets the board on record. It can lead to an inspection. You can send your complaint at myfloridalicense.com through the Division of Florida Condominiums, Timeshares, and Mobile Homes.
Pay your fees with a written protest. Send a letter to say you are paying while you look to fix it legally. This keeps your rights safe. It stops any risk from foreclosure.
Mold testing in West Palm Beach gives you the clear proof you need to make every step stronger.
Can I withhold HOA fees if my condo has mold in Florida?
No, you can't stop paying the fees just because the board isn't doing what it should. If you do not pay, the board can put a claim on your property. If 90 days go by and you still have not paid, they can try to take your property. If you are not happy, pay the fees but be clear that it is under protest in writing. Then, you can talk to the DBPR or a lawyer about your problem.
What is the "drywall out" rule in Florida condos?
Under Florida law Section 718.111(11)(f), the board’s insurance pays for everything from the inside face of the outside drywall going out. This means it covers things like the main drywall, any shared pipes, and strong walls that hold weight. People who own units pay for floors, wall finishes, and things they have inside their unit. If mold comes from a shared wall or a common pipe, the board’s insurance should pay for it.
What does McLlenan v. Cypress Chase mean for condo owners with mold?
This means your board cannot say no to fixing shared areas just because the water got in from a neighbor's unit. In June 2024, Florida's Fourth District Court of Appeal said that why the damage happened does not matter in court. The board has a duty to make repairs no matter where the leak started.
Does the board have to fix mold or just the leak that caused it?
Florida Statute Section 718.113(1) talks about keeping up shared areas in a broad way. When mold starts to grow in a shared area because of a leak that was not fixed, cleaning up the mold is part of getting that area back to good shape. The board cannot just fix the place where the leak started and leave. They must also clean up any mold that is still growing inside a shared wall.
The Board's Delay Does Not Stop the Mold
Each week the board waits, the mold keeps going more into the wall. Mold will not slow down and wait for the board to decide. You should get the problem checked by someone who is not with the board before work begins. That report will be yours. It will not be the board's contractor's.
Book a mold test with Fast Mold Testing WPB before anyone starts work on your walls.