HOA vs unit owner maintenance:
who pays for what in Florida

Last updated: July 27, 2026 · Florida Statutes Ch. 718 and 720

The most common question we hear from South Florida condo owners and HOA board members is the simplest one: when something needs repair, who pays? The answer depends on three things: whether the item is a common element, a limited common element, or part of the individual unit; what Florida law says under Chapter 718 or Chapter 720; and what your specific governing documents say, which can modify the state defaults. As a general rule, the association pays for maintaining everything outside your unit walls and all shared building systems, including roofs, gutters, hallways, common areas, common-area pest control, and landscaping. The unit owner pays for the unit interior, including floors, interior walls, appliances, and pest control inside the unit, unless the infestation originates in the building structure. Call (888) 600-4915 for HOA or condo maintenance services.

Who is responsible for pest control in a Florida HOA?

In Florida HOAs and condo associations, the association is responsible for pest control in all common areas: hallways, lobbies, pool areas, exterior grounds, and any space that is not an individual unit. Unit owners are responsible for pest control inside their own unit.

There are important exceptions, however. If an infestation originates in the building structure, such as termites in the roof framing or a shared wall, the association typically bears responsibility regardless of where the insects are found at the time of inspection. Termite swarmers emerging from a slab or beam are typically the association's responsibility.

Quarterly professional pest control for common areas is widely considered a standard of care for Florida HOAs. Communities that skip this service risk infestations spreading from common areas into individual units, which significantly complicates liability and can generate costly claims against the association.

Can a Florida HOA charge unit owners for pest control? Yes. Common-area pest control is typically funded through monthly HOA dues as part of the association's operating budget. Unit owners pay separately for pest control inside their own unit.

Our HOA and condo pest control program

Does the HOA pay for repairs inside my condo in Florida?

Generally no. Florida HOAs and condo associations are responsible for common elements and limited common elements, not the interior of individual units. Interior walls, flooring, appliances, individual A/C units, and fixtures installed by the owner are typically the unit owner's responsibility.

Exceptions occur when the damage originates from a common element failure. The most frequent example: a roof leak that damages interior drywall. In that case, the association typically bears responsibility for repairing the roof (the damage source) while the owner handles interior cosmetic repairs. Some governing documents extend the association's responsibility to include drying and restoration up to the interior walls when water originates from a common element.

Who is responsible for gutters in a Florida condo?

In Florida condominiums, gutters that serve the entire building are common elements and the association's responsibility to maintain and clean. Gutters are part of the roof drainage system, which falls under the structural elements the association must maintain under Chapter 718.

For HOA communities with individually owned homes, gutter responsibility depends on the CC&Rs. Many HOA CC&Rs assign exterior maintenance including gutters to the individual homeowner. Others include gutters in the HOA's common maintenance scope, especially when community homes share drainage systems or the community's architectural style requires uniformity in exterior maintenance.

Applicable law: Chapter 718 Florida Statutes: condo common elements (flsenate.gov)

What is the full HOA vs unit owner maintenance responsibility table for Florida?

The following table reflects common patterns under Florida Statutes Chapter 718 for condos and Chapter 720 for HOAs. Your declaration of condominium or CC&Rs can modify these assignments. Always verify with your governing documents.

This table reflects general Chapter 718 patterns. Your declaration of condominium or CC&Rs may assign some responsibilities differently. Always verify with your governing documents and a community association attorney when amounts are significant.

What is the difference between an HOA and a condo association in Florida?

In Florida, condo associations are governed by Chapter 718 of the Florida Statutes and typically own all structural elements and common areas, with unit owners owning only the airspace within their unit. HOAs are governed by Chapter 720 and typically involve fee-simple ownership of individual lots, with the HOA responsible for common areas and enforcing CC&Rs.

Maintenance responsibility is generally broader for condo associations because they own more of the physical structure. A Florida condo owner experiencing a roof leak has a much cleaner line of association responsibility than an HOA homeowner whose individual home has the same problem, where the CC&Rs may place roof responsibility on the homeowner.

Both condos and HOAs have bylaws and declarations that can modify the defaults in state law. Chapter 718 and Chapter 720 set the floor; your specific governing documents can move that floor in either direction.

Why are your governing documents definitive for HOA maintenance responsibilities?

Florida state law sets maintenance defaults for condos and HOAs, but your specific governing documents are the final arbiter of who pays for what in your community. There are three layers of documents that determine this in order of precedence:

1. 1

   Declaration of Condominium or Restrictive Covenant (highest authority)

   This is the foundational document that defines what is a common element, what is a limited common element, and what is the unit. It overrides state defaults for maintenance responsibilities.

2. 2

   Bylaws and Rules and Regulations

   Bylaws establish board procedures and approval processes. Community rules may modify or clarify maintenance responsibilities set in the declaration.

3. 3

   Florida Statutes (Ch. 718 or 720)

   Sets defaults and minimum requirements that cannot be waived to the detriment of owners. When your governing documents are silent on a topic, state law applies.

How can Worldwide Property Services help your South Florida HOA or condo?

Since 1989, Worldwide Property Services has been the go-to maintenance provider for HOA and condo communities across Palm Beach, Broward, and Miami-Dade. What sets us apart from individual specialized contractors is that we offer all six services your property needs under one contract, with one point of contact for scheduling, billing, and emergency response.

• Common-area pest control (NPMA, quarterly)
• Wildlife control and rodent exclusion
• Gutter cleaning and pressure washing
• Lawn care and palm trimming
• Water purification for properties with quality concerns
• Property concierge: vendor coordination, vacant property checks