Legally reviewed by Barry B. Ansbacher - Ansbacher Law
When you own a condominium in Florida and something inside your unit breaks, leaks, or otherwise becomes damaged, you may assume that you are automatically responsible for paying for the repair. However, this is not always the case. Ultimately, responsibility to pay for repairs inside of a Florida condominium unit will depend on the type of property damaged, the cause of the problem, the condominium’s governing documents, and whether insurance applies. Please continue reading and reach out to a seasoned Florida condo & HOA lawyer from Ansbacher Law to learn more about who may have to pay for repairs inside a condominium unit. Here are some of the questions you may have:
Which Repairs Are Usually the Condominium Association’s Responsibility?
Generally speaking, Florida condominium associations are responsible for maintaining, repairing, and replacing the common elements. Under Florida Statute § 718.113, however, the condominium’s declaration may assign certain duties differently, particularly when the property in question is considered a limited common element that benefits only one unit or a small group of units. Some examples of property the association may be responsible for repairing include the following:
- The building’s roof and exterior walls
- Structural components, including load-bearing walls
- Common plumbing, electrical, and mechanical systems
- Hallways, stairwells, elevators, and other shared spaces
- Certain pipes, conduits, or wires located within or behind unit boundaries
- Limited common elements that the declaration requires the association to maintain
Which Interior Repairs Must a Florida Condo Owner Pay For?
In most cases, unit owners are responsible for maintaining the fixtures, finishes, personal property, and other nonstructural features located inside their units. Florida law also requires owners, rather than associations, to insure several types of interior property. A condominium owner may be responsible for repairing or replacing:
- Carpet, tile, hardwood, and other floor coverings
- Wall and ceiling coverings
- Appliances and water heaters
- Built-in cabinets and countertops
- Electrical fixtures that serve only the individual unit
- Curtains, blinds, and other window treatments
- Furniture, electronics, and other personal belongings
- Renovations, upgrades, or improvements installed by an owner
That being said, responsibility for drywall, windows, doors, balconies, air-conditioning components, and plumbing fixtures is frequently disputed, and these items can sometimes fall near the legal boundary between an owner’s unit and the condominium’s common property, which is why the declaration is so important.
You should also note that responsibility for ordinary maintenance is not always the same as responsibility after a hurricane, fire, burst pipe, or other insured event. Under Florida Statute § 718.111, the association’s property insurance policy and the unit owner’s individual condominium policy may cover different portions of the same loss. Therefore, even when the association arranges for the reconstruction work, the owner may still be required to pay for portions of the property that he or she was responsible for insuring.
What Happens When Negligence Causes the Damage?
The cause of the damage can go a long way in determining who pays. If a unit owner, tenant, family member, guest, or invitee causes damage through negligence, intentional conduct, or a failure to follow the condominium’s governing documents, the owner may be held responsible for repair costs that are not paid by insurance. Some of the most common examples of potentially negligent conduct are as follows:
- Allowing a known plumbing leak to continue without reporting it
- Installing an appliance or plumbing fixture improperly
- Failing to maintain an owner-controlled air-conditioning drain line
- Making an unauthorized alteration that damages common property
- Waiting so long to report damage that the association can no longer submit a timely insurance claim
If you discover damage inside your unit, you should document the condition, take photographs, notify the association, and take reasonable steps to prevent the problem from worsening. You should also preserve repair estimates, maintenance records, insurance correspondence, and any communications exchanged with the board or property manager.
If you have additional questions or need a seasoned Florida condo & HOA lawyer in your corner, look no further than Ansbacher Law. Contact our firm today for comprehensive representation in your case.