Neighbors claim property damage from rain due to collapsed roof in Miami-Dade townhouse

A resident is seeking a resolution after water damage from a neighbor's collapsed roof has caused ongoing issues for his adjoining townhouse in northwest Miami-Dade.

Juan Hisse said he has been forced to manage water damage inside his home, noting that he often uses vinyl tape to cover damage on the bottom of his cabinets.

"Next door all the water comes from his side," Hisse said.

According to Hisse, the roof of the adjacent townhouse collapsed in 2023. He recalled the moment of the collapse, saying, "At 3 or 4 in the morning. I heard a boom."

The collapse has allowed rainwater to enter his residence, leading to stained walls and forcing him to replace baseboards. Visual evidence, including footage from Chopper 4 and satellite imagery from the property appraiser's office, confirms the roof has caved in.

The owner of the unit with the collapsed roof, who declined an on-camera interview, told CBS Miami that the collapse was caused by termites. He expressed regret for the situation and stated he has been attempting to secure a contractor to perform repairs, though work has not yet begun.

"I thought it was gonna be fixed, but nothing yet," Hisse said.

The situation is complicated by conflicting responsibilities. Management told CBS News Miami that while each homeowner is responsible for their own roof, HOA bylaws stipulate that walls separating units are shared. If a common wall is damaged, both homeowners are generally expected to split repair costs.

Insurance lawyer Damion Montes de Oca noted that the association is not responsible for the common wall between units. He explained that if the wall is damaged, an insurance company might only cover the cost of Hisse's share of repairs, leaving him to recover the remaining balance from his neighbor.

"The association isn't really responsible for that common wall between the units," Montes de Oca said. "There's no one at the property. No one can be held responsible. No one is stepping up to accept responsibility."

Montes de Oca added that while HOA bylaws might hold the homeowner with the damaged roof responsible for all repair costs, neighbors would need to prove negligence. Parties might ultimately be required to resolve the dispute through arbitration.

For Hisse, the financial strain is significant. He stated that filing an insurance claim would require him to pay a $10,000 deductible, an expense he said he cannot afford.

Miami-Dade County officials said they have inspected the property and issued all required notices. The Unsafe Structures Appeal Panel has obtained a final order directing the owner to secure and repair the structure under proper permits. While the county is authorized to proceed with demolition if the homeowner fails to comply, officials noted that the repairs were due to start last year and have not yet begun.

The community's property manager told CBS News Miami that he is attempting to initiate foreclosure proceedings on the property and will send a letter demanding the roof be repaired. The owner of the property said he intends to sell the house.