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  1. #1

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    Florida Statues / Condo Association By-Laws

    Jurisdiction / State: Florida

    My jurisdiction is: Florida, Duval

    In my condo, I have a weather damaged window that i made a claim for with my homeowners insurance. The claims adjuster told me that under Florida Statue 718.111 that the repair is the condo association's responsibility. My condo has a by-law that says its the homeowner's responsibility and will not fix it. My insurance said the FL statue over-rides any association by-law and will not fix the window due to this.



    My condo stated that they have an obligation to fulfill its responsibilities based on the condominium docs and if i disagree to seek legal help. Is my insurance company correct on the FL statue and do i have a case against my association?

    Thank you in advance


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    Your adjuster is correct that, in the event the bylaw conflicts with statute, the statute prevails. I am am less sure that, under the statute, your weather-damaged window is the condo's responsibility. Did your adjuster refer you to a specific section of 718.111 saying so?

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    Thank you for you for your response. The statue defines a common element in 718.108 and in 718.113 (states the maintenance of common elements is the associations responsibility).

    *************
    718.108 Common elements.--
    (1) "Common elements" includes within its meaning the following:
    (a) The condominium property which is not included within the units.
    (b) Easements through units for conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services to units and the common elements.
    (c) An easement of support in every portion of a unit which contributes to the support of a building.
    (d) The property and installations required for the furnishing of utilities and other services to more than one unit or to the common elements.
    (2) The declaration may designate other parts of the condominium property as common elements.

    718.113 Maintenance; limitation upon improvement; display of flag; hurricane shutters.--
    (1) Maintenance of the common elements is the responsibility of the association. The declaration may provide that certain limited common elements shall be maintained by those entitled to use the limited common elements or that the association shall provide the maintenance, either as a common expense or with the cost shared only by those entitled to use the limited common elements. If the maintenance is to be by the association at the expense of only those entitled to use the limited common elements, the declaration shall describe in detail the method of apportioning such costs among those entitled to use the limited common elements, and the association may use the provisions of s. 718.116 to enforce payment of the shares of such costs by the unit owners entitled to use the limited common elements.

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    Nothing in 718.08 specifically deals with windows. Whether they're "not included within the unit" is up to the condo association to define. Your condo in stating that it's the homeowner's responsiblity presumably does so because your bylaw defines exterior windows as included within the unit. (See e.g. http://flresortliving.com/images/DECLARATION.pdf, section 6.2.1: "All doors and windows, glass or otherwise, which are in the perimeter walls of a Unit shall be deemed a part of the Unit up to the
    exterior unfinished surface thereof.")

    This does not conflict with the statute, it simply clarifies the statute. So what your adjuster has said is correct but irrelevant. It's your responsibility to repair under your condo bylaw, and the statute doesn't say otherwise.

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    condo statue law in Florida

    Hello my name is Jon, I own a condo in florida and recently had a toilet water valve break and flooded my condo for 2 weeks before I discovered the leak while I was out of town. The insurance adjuster told me they will take pay for all the damages except the drywall damage. The condo association said the drywall damages are my responsibility because I failed to shut the water off per the by laws, therefore, I'm responsibe for the drywall damage. Could you confirm who is resonsible for the drywall repair and mold remedigation on the drywall under Florida statues.

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    As above, it depends not only on the statute but on your condo bylaws, what kind of property the drywall is, what kind of property the valve is, what duty you have under your bylaws to avoid the situation... If your condo association is correct that you had a duty to shut off a water leak, and you failed to discharge that duty, then you're probably liable for the damage it caused. Why is your insurance refusing to pay for that?

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    7.6 in my bylaws states Negligence. damage caused by conditions of the unit. Each unit owner shall be liable to the Association for the expenses of any maintance repair or replacement of common elements, Associations property, or maintance of such portions of the unit as are the responsibility of the Association, made necessary by his act or negligence, or by that of any member of his family or his or their guests, employees, agents, or leasees. If any condition, defect of malfuction exsisting within a unit, whether caused by the owner's negligence or otherwise, shall cause damage to the comon elements or to other units, the owner of the offending unit shall be liable to the person or entity responsible for repairing the damaged areas for all costs of repair or replacement. If one or more of the units involed is not occupied at the time the damage is disscovered, the Association may enter the unit without prior notice to the owner and take reasonable action to mitigate damage or prevent its spread at the unit owners expense. The Association may, but is not obligated to, repair the damage without the prior consent of the owner. Unit owners are required to shut off all water valves when they will be absent from their units for any extended period, unless the unit is being regularly inspected by a caretaker.

    The drywall had to be removed because of mold damage,all the interior walls. the plastic nut that broke is part of the water line which attaches to the bottom of the commode take.

    My insurance company of the condo stated under the florida condo statue 718.111 they are only responsibly fot the texture in. The condo Association stated that I failed to shut the water off and was gone for the summer therefore under the condo bylaws I'm responsible for the drywall and furthere more the condo Association insurance policy excludes mold damage. My condo policy does not have liability coverage but will my main homeowners policy out of state in Ohio extend liability for my mistake.

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