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Condominium ownership in Florida comes with unique challenges, especially when dealing with property loss and damage. Under the Florida Condominium Act, particularly detailed in Florida Statute 718.111 (11), condominium owners and associations must navigate a complex framework to determine responsibility for repairs and losses. This statute is crucial for anyone involved in a condo-related dispute or insurance claim in Florida.
It requires the association’s board of directors to purchase adequate property insurance to protect the association, the association property, the common elements, and the condominium property as a whole. On the other hand, developer-owned condominium associations are only required to use their best efforts in attempting to obtain insurance but are not mandated to do so. After a loss, there is sometimes disagreement and confusion as to what items are covered under the association’s policy and which items are covered under a unit owner’s policy.
Tip: The general rule of thumb is that when dealing with property maintenance or repair, look to the declaration of condominium to determine responsibility. When dealing with damage caused by an insurable event, look to Fla. Stat. §718.111(11) to determine responsibility.
Importance of The Florida Condominium Act
The Florida Condo Act provides a comprehensive outline for the management and operation of condominium associations. It specifically addresses issues related to the maintenance, repair, and insurance of common elements and units. When a loss occurs, such as water damage or structural defects, determining who is responsible for the repairs can become contentious without a clear understanding of this law.
What is a Declaration of Condominium within the Florida Condominium Act?
The basic instrument used to create a condominium is known as the “declaration of condominium.” Each declaration must be recorded in the public records of the county in which the condominium property is located pursuant to Fla. Stat. § 718.104(2). A declaration of condominium usually states the plan for the development of the condominium, how it is to be operated, and the rights and responsibilities of the association and the unit owners in the event of a loss. Most declarations typically address the level of reconstruction or repair required after a loss. Some declarations provide that the association must reconstruct and repair the condominium property in accordance with the original plans and specifications for the condominium. Some declarations provide that if the original plans and specifications are not available, the board has discretion in this regard. Other declarations provide that the property must be repaired or reconstructed to its pre-loss condition.
Determining Liability under the Florida Condo Act
One of the key aspects of Florida Statute 718.111 is its provisions on insurance. The statute requires the Condominium Association to insure all common elements and property which form part of the common elements. The condo owners, however, are typically responsible for insuring personal property within their individual units as well as certain components like drywall, flooring, and fixtures, depending on the association’s declaration.
For instance, in cases of water damage where the origin is a common element – like a roof or plumbing within a wall – the Condominium Association’s insurance should cover the repairs. However, if the damage originates from within an individual unit, such as an overflowing bathtub or appliance, the unit owner is generally responsible.
Amendments to The Florida Condo Act
Effective starting in 2025, new regulations under the Florida condo repair law will introduce stringent requirements for inspections and repairs, aimed at enhancing building safety and reducing risks from deferred maintenance.
An essential change to these regulations is the requirement for condominium associations to maintain adequate reserves specifically earmarked for funding all necessary repairs that uphold structural integrity.
How to Determine Responsibility for Repairs After a Loss
When determining who is responsible for the repair and replacement of damaged property, the first question to ask is what caused the damage in the first place. There is an important distinction between damage caused by an insurable event (such as a hurricane, fire, or flood) and damage caused by a non-insurable event (wear and tear, intentional acts, or negligence) under Florida law. Because condominiums are created by statute, courts generally look to the pertinent statutory provision as well as the declaration of condominium (discussed below) to determine who is legally responsible in any given situation.
When damage results from an insurable event, then the requirements of the Act, concerning the responsibility to repair and/or replace will govern. Fla. Stat. § 718.111(11)(f) states that the association is responsible for ensuring the buildings in the community including all windows and sliding glass doors, common areas, and anything for which the unit owner is not responsible under the law. However, the association is not responsible for personal property within the unit or limited common elements, and floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements. To sum things up, as a unit owner, you are responsible for items that are located within the boundaries of your unit and serve only your unit.
Water Intrusion and/or Damage to Sliding Glass Doors After a Hurricane
After a hurricane, your condominium association’s insurer may claim that they are not responsible for repairing or replacing sliding glass doors or windows. Your association may point to the declaration documents and argue that the maintenance and repair of these items is your responsibility. Whether or not maintenance or repair of sliding glass doors and windows in individual units are specifically referenced in the declaration documents, the rule in Florida is that if the loss is caused by a hurricane or other insurable event, the association is responsible for any repairs.
Legal Help to Determine Who Is Responsible for a Loss
The complexities of condo insurance claims and responsibilities for property damage and loss can be challenging. Legal disputes often arise from ambiguities in repair responsibilities or differing interpretations of the law. In such scenarios, having legal representation is invaluable.
Partnering with our knowledgeable Florida attorneys can provide crucial support and guidance. The Morgan Law Group specializes in business litigation and insurance law, adeptly handling insurance claims and condo/HOA disputes concerning property loss responsibilities between condo owners and associations. We can help safeguard your property rights and ensure adherence to all legal obligations.
To know more about how we can help you determine liability for property loss, contact us today to schedule your free case evaluation.
