When can you sue your Florida HOA for an injury?

Living in a community governed by a Homeowners Association (HOA) comes with both benefits and responsibilities. While HOAs maintain common areas and enforce community standards, they also have a legal duty to ensure these spaces are reasonably safe for residents and visitors.

When an HOA fails in this duty and someone gets injured as a result, legal action may be appropriate. Our West Palm Beach premises liability lawyers have created this guide to explore when and how you can sue your Florida HOA for injuries, the legal principles involved, and what steps to take if you’ve been injured on HOA property.

Understanding HOA liability in Florida

Homeowners Associations in Florida are governed primarily by Chapter 720 of the Florida Statutes, which outlines their powers, duties, and responsibilities. When it comes to liability for injuries, several key legal principles come into play:

Duty of care

Florida HOAs have a legal duty to maintain common areas in a reasonably safe condition. This includes:

• Swimming pools and pool decks
• Clubhouses and fitness centers
• Walking paths and sidewalks
• Parks and playgrounds
• Parking lots and garages
• Landscaped areas

This duty of care is established through Florida Statute § 720.303(1), which requires HOAs to exercise their powers in a manner that is “not inconsistent with the purposes for which the association was formed.”

Negligence standard

To successfully sue an HOA for an injury, you must generally prove four elements of negligence:

1. Duty: The HOA owed you a duty of care
2. Breach: The HOA breached (broke) that duty
3. Causation: The breach directly caused your injury
4. Damages: You suffered actual damages as a result

Florida courts have consistently held that HOAs must exercise reasonable care in maintaining common areas.

Common scenarios for HOA injury lawsuits

Slip-and-fall accidents

Slip and fall accidents are among the most common bases for HOA liability claims. These can occur due to:

• Wet floors without proper warning signs
• Broken or uneven sidewalks
• Poor lighting in common areas
• Improperly maintained stairways
• Unmarked hazards in walkways

Under Florida Statute § 768.0755, which governs premises liability for transitory foreign substances, an injured party must prove the HOA had actual or constructive knowledge of the dangerous condition.

Swimming pool accidents

Florida’s climate makes swimming pools a common amenity in HOA communities, but they also present significant liability risks:

• Inadequate fencing or barriers (violations of Florida Statute § 515.29)
• Broken pool equipment or drains
• Lack of proper depth markings
• Absence of required safety equipment
• Inadequate supervision when required

The Florida Residential Swimming Pool Safety Act (Florida Statute § 515.27) establishes specific safety requirements that HOAs must follow.

Playground injuries

HOA playgrounds must be properly maintained to prevent injuries to children:

• Broken or damaged equipment
• Inadequate impact-absorbing surfaces
• Exposed sharp edges or protrusions
• Equipment that doesn’t meet safety standards
• Inadequate maintenance and inspections

Security-related injuries

HOAs may be liable for injuries resulting from inadequate security measures:

• Broken gates, locks, or security systems
• Inadequate lighting in parking areas
• Failure to address known security risks
• Negligent hiring of security personnel

Florida courts have recognized that property owners, including HOAs, may have a duty to protect against foreseeable criminal activity under certain circumstances.

Legal barriers to suing your HOA

Waiver of liability

Many HOAs require members to sign liability waivers for the use of certain facilities, particularly recreational amenities. While these waivers can limit liability, they are not absolute shields against negligence claims. Under Florida law, waivers cannot protect against gross negligence or intentional misconduct.

Governing documents

HOA governing documents (Declaration of Covenants, Conditions, and Restrictions) may contain provisions limiting the association’s liability. However, these provisions cannot completely eliminate liability for negligence under Florida law.

Statute of limitations

In Florida, personal injury claims generally must be filed within two years from the date of injury. Missing this deadline typically bars your right to sue.

Pre-suit notice requirements

Before filing a lawsuit against an HOA, state law requires a pre-suit mediation process for certain disputes. While this primarily applies to
covenant enforcement disputes, checking your HOA’s governing documents for any pre-suit requirements is essential.

How Lytal, Reiter, Smith, Ivey & Fronrath can help

At Lytal, Reiter, Smith, Ivey & Fronrath, we understand the complex interplay between HOA regulations, premises liability law, and personal injury claims. Our experienced attorneys can help you conduct a thorough investigation, identify all liable parties, navigate insurance complexities, and represent you throughout the legal process.

From initial consultation through settlement or trial, our team will:

• Handle all communications with the HOA and insurers
• File necessary legal documents within required deadlines
• Negotiate aggressively for fair compensation
• Prepare your case for trial if a fair settlement cannot be reached

Potential damages in HOA injury cases

If your lawsuit is successful, you may be entitled to various types of damages:

Economic damages

• Medical expenses (past and future)
• Lost wages and diminished earning capacity
• Property damage
• Out-of-pocket expenses related to your injury

Non-economic damages

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disability or disfigurement

Punitive damages

In rare cases involving extreme negligence or intentional misconduct, punitive damages may be available under Florida Statute §
768.72.

Want to learn more about suing an HOA? We can help.

If you’ve been injured on HOA property due to negligent maintenance or supervision, the experienced attorneys at Lytal, Reiter, Smith, Ivey & Fronrath can help you understand your rights and pursue fair compensation. We have the knowledge, resources, and determination to hold HOAs accountable when their negligence causes harm.

Remember that time limits apply to these claims, so it’s important to consult with an attorney promptly after an injury occurs. Contact our office today for a free consultation to discuss your potential case against your HOA.