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Marketplace / Answered
Apartment on First floor unresolved leak

I am seeking suggestions on how to handle a situation where my first-floor apartment is experiencing a significant leak from the second floor, which is currently occupied by tenants. The homeowners' association (HOA) and the tenants were notified two months ago, and the owners were also informed by the HOA, but the issue remains unresolved and the leak continues. What do you recommend I do to address this situation?

Posted one month ago
  
  
Votes Newest

Answers


Hello Oliver, you can

  1. Document Everything
    Take photos and videos showing the leak, water damage, and progression over time.
    Keep copies of all communications (emails, letters, texts) with the HOA, upstairs tenants, and owners.
    Create a timeline of when the issue started, when you reported it, and any responses received.
  2. Send a Formal Written Notice
    Even if you’ve already notified them informally, send a certified letter (with return receipt) or email marked as Formal Notice of Property Damage and Ongoing Leak” to:The HOA or property management company and The upstairs unit owner
    3.Contact the HOA’s Property Manager Directly
    Call or email the property manager (not just the general HOA board) to:
    Request a status update on the repair request.
    Ask for a copy of the maintenance/repair policy—HOAs often have clear guidelines on which party (unit owner vs. HOA) is responsible for plumbing leaks between units
  3. Hire a Licensed Leak Detection Specialist or Plumber
    If safe and possible, get a professional inspection report confirming the source of the leak.
    This will strengthen your case with the HOA and could also be used for insurance or legal action
  4. File a Claim with Your Homeowner’s Insurance
    Cover immediate damage mitigation (dry-out, repairs to your unit).
    Subrogate (recover costs) from the responsible party later.
  5. Escalate Legally if Needed
    If the HOA and upstairs owner continue to ignore the issue:
    Send a demand letter through an attorney (often under $300 for initial notice).
    As a last resort, file a complaint with the Florida Department of Business and Professional Regulation (DBPR), which oversees HOAs.
    You can also consult a Florida condo or property attorney for next steps. Many offer free initial consultations.
  6. Protect Against Mold
    Since Florida humidity worsens leaks:
    Run a dehumidifier and fans to reduce mold growth.
    If you see signs of mold, report it immediately—it’s a health hazard, and the HOA may be obligated to act faster.
    Hope this helps!
    Thank you,
    Avani Desai
Posted 6 days ago
  
  
473 Views
1 Answer
one month ago
6 days ago
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