SO WHO IS RESPONSIBLE FOR THE CLEAN UP AND FIX UP?

By Eric Glazer, Esq.

Published May 21, 2018

 

Letís assume that a storm has just damaged your condominium.  Of course, the board has the authority to start making repairs to the common elements.  But can a unit owner beging making repairs to their damaged unit with no questions asked?

 

Florida Statute 718.111 states:

A unit owner may undertake reconstruction work on portions of the unit with the prior written consent of the board of administration. However, such work may be conditioned upon the approval of the repair methods, the qualifications of the proposed contractor, or the contract that is used for that purpose. A unit owner must obtain all required governmental permits and approvals before commencing reconstruction.

 

How Do We Pay The Large Insurance Deductible?

All property insurance deductibles and other damages in excess of property insurance coverage under the property insurance policies maintained by the association are a common expense of the condominium,

 

Suppose a Unit Owner, Tenant or Guest Damages The Property?  Who is Responsible?

A unit owner is responsible for the costs of repair or replacement of any portion of the condominium property not paid by insurance proceeds if such damage is caused by intentional conduct, negligence, or failure to comply with the terms of the declaration or the rules of the association by a unit owner, the members of his or her family, unit occupants, tenants, guests, or invitees, without compromise of the subrogation rights of the insurer.

 

So if a Unit Owner Causes Damage to the Common Elements, is that Unit Owner Financially Responsible to the Association?

Only if it is not paid by insurance proceeds.  If it is paid by insurance proceeds, the insurance company can sue the owner for reimbursement.

 

But Suppose the Owner Already Paid the Association for the Damage He or She Caused?

To the extent the cost of repair or reconstruction for which the unit owner is responsible is reimbursed to the association by insurance proceeds, and the association has collected the cost of such repair or reconstruction from the unit owner, the association shall reimburse the unit owner without the waiver of any rights of subrogation.


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About HOA & Condo Blog

Eric Glazer Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for more than 2

decades and is the owner of Glazer and Associates, P.A. a seven attorney law firm with offices in Fort Lauderdale and Orlando and satellite offices in Naples, Fort Myers and Tampa.

 

Since 2009, Eric has been the host of Condo Craze and HOAs, a weekly one hour radio show that airs at noon each Sunday on 850 WFTL.

   

See: www.condocrazeandhoas.com.

   

He is the first attorney in the State of Florida that designed a course that certifies condominium residents as eligible to serve on a condominium Board of Directors and has now certified more than 10,000 Floridians all across the state. He is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.


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