Can HOA Boards Deny Repairs After Storms in Miami?

An HOA board can deny a storm damage claim for repairs under certain conditions, but it is equally true that there are many circumstances where a board can’t just deny claims for repairs or insurance-covered restoration. 

The Morgan Law Group has seen how property damage can lead to HOA insurance disputes in Florida. Understanding where those lines are drawn is essential for any homeowner living in an HOA community in Miami. 

When denials appear improper or unreasonable, homeowners may need help from a Miami HOA dispute attorney to clarify insurance responsibilities and the governing documents.

What Is HOA Insurance Coverage? 

Homeowners associations in Florida typically maintain insurance policies that protect shared structures and community property from events such as windstorms, water intrusion, lightning, and other perils. These master policies are required under Florida Statutes § 718.111 for condominiums and guided by governing documents for HOAs. 

While every association’s policy differs, there are consistent principles across most Miami communities.

The Master Policy Covers Structures the HOA Is Responsible For

This usually includes:

• Exterior walls
• Roofs (in many communities)
• Elevators
• Hallways, common areas, clubhouses, and pool structures
• Building envelopes and foundations

The master policy typically does not cover personal belongings inside the unit, interior finishes, or homeowner improvements beyond standard construction.

Homeowners Carry Their Own Policies (HO-6 Policies)

These individual policies generally cover:

• Interior drywall
• Flooring
• Cabinets and countertops
• Fixtures
• Personal belongings
• Loss of use

Storm damage often affects both the shared structure and the interior of a home. That means both policies, HOA and personal, may come into play.

The HOA Must Follow Its Governing Documents

The master deed, bylaws, and covenants outline board responsibilities. These documents usually specify what the HOA must repair after storms and what it may ask the homeowner to handle. Repairs required under these documents can’t be denied without a valid justification.

To better understand when a denial is allowed, homeowners must first grasp what authority the HOA holds under Florida law and its governing documents.

When HOA Boards Can Deny Claims for Repairs in Miami

Although boards have substantial responsibilities, they are not obligated to approve every storm-related repair request. In certain legally valid situations, HOA boards can deny storm damage repairs in Miami – but only when the facts support the denial.

Damage Isn’t Covered Under the HOA’s Master Insurance Policy

If the storm-related damage affects areas clearly defined as the homeowner’s responsibility, the HOA board may deny the claim. 

Examples include:

• Interior drywall damage where the governing documents assign responsibility to the owner
• Damage to personal belongings
• Upgrades not part of the original construction

If the master policy excludes the peril, such as flood damage in a policy without flood coverage, the board may also issue a valid denial.

The Damage Isn’t Caused by a Covered Peril

Storms may expose preexisting issues, such as poor maintenance and wear and tear. If the HOA’s investigation reveals the damage did not stem from the storm, the board may deny the request. Florida courts generally uphold denials when there is factual support that the damage was not storm-driven.

Repairs Fall Outside the HOA’s Legal or Contractual Responsibilities

If the governing documents clearly assign certain structural or interior components to the owner, the board may refuse responsibility for those repairs. Some Miami HOAs place roof and exterior wall maintenance on the association, while others shift these tasks to homeowners depending on the community layout.

Missing or Late Documentation

A board may deny a repair claim if:

• A homeowner refuses to allow access for inspection
• Required forms are not submitted
• Evidence supporting the storm’s impact is insufficient

Although these denials must be reasonable, procedural compliance is an important factor in HOA insurance decisions.

The Owner’s Actions Contributed to the Damage

If the homeowner neglected necessary maintenance, such as failing to report a leak for months, and the storm simply worsened a long-standing issue, the board may deny the claim.

These scenarios illustrate when a denial may be grounded in legitimate policy language. However, many denials are improper, unlawful, or unsupported by the governing documents. That’s where knowledge of homeowner rights becomes essential.

When HOA Boards Can’t Deny Claims for Repairs in Miami

There are many circumstances where HOA boards can’t deny storm damage claims, even if they attempt to do so.

When the Damage Falls Under the HOA’s Defined Responsibilities

If the governing documents assign specific structural, exterior, or shared elements to the HOA, the board must approve repairs when a covered peril causes damage. Even if the repairs are costly or inconvenient, the board can’t legally deny them.

When the Master Policy Clearly Covers the Damage

HOAs can’t override insurance rules. 

If the master policy includes storm-related coverage for the impacted structures, the board must:

1. File an insurance claim
2. Coordinate the repairs
3. Communicate with residents
4. Pay the deductible from association funds unless documents require another approach

HOA boards sometimes hesitate due to premium concerns, but Florida law requires compliance with insurance obligations.

When the Denial Is Based on Incorrect Interpretation of Documents

Some boards misinterpret obligations. For instance, they may incorrectly claim an interior issue is the homeowner’s responsibility when Florida statutes and governing documents say otherwise. Improper interpretation does not justify a denial.

When the Damage Originates from a Common Element

If the storm damages a shared structure and the resulting moisture, mold, or leaks affect multiple units, HOAs usually shoulder responsibility. Boards can’t deny repairs caused by failures in areas under their control.

When the HOA Fails to File an Insurance Claim

In Florida, when the HOA boards control the damaged structure, they must contact the insurer and file the claim. If they refuse without a valid justification, they may violate their fiduciary duty.

Improper denials of claims for storm damage repairs can lead to significant financial losses for homeowners. Understanding board obligations is a crucial step in disputing unsupported decisions.

Know Your Rights When HOA Boards Deny Repair Claims in Miami

When the damage is covered by the association’s master policy, originates from common elements, or falls within the HOA’s repair obligations, denials may be improper. 

If the HOA board continues to issue improper denials or avoids its insurance obligations, homeowners may seek HOA attorneys in Miami who understand statutory mandates and policy requirements. 

The Morgan Law Group can help explain what options may align with your situation, protecting homeowner rights and resolving HOA insurance claim disputes. Call us today at (305) 614-5235 or contact us using our online form for a free consultation about your storm damage repair claim at our office in Miami.