Frances Badayos | author
ICHQ | Site Author
As the amount of condominiums in the state of Florida grows, the risk of hurricane damages to these properties grows as well. In Florida, if a condominium is damaged, who is liable for the damages? Is it the unit owner, the condominium board or association, or both? If both parties are responsible for the damages, how are the damages divided between them?
Our hurricane damage lawyers serving Florida at Insurance Claim HQ can help answer your questions and have experience involving condominium legal issues. Contact us regarding Florida condo repair laws and all things claim-related.
Who Is Responsible for Condo Damage Under Florida Law?
Who pays for condo damage in Florida has several answers, depending on the circumstances.
Under most circumstances, the condominium owners are responsible for any repairs to the condominium building from an insurable event. For the purposes of the law, repairs that condo owners are responsible for include drywall, windows, doors, and the exterior, all of which are part of the building for the purposes of the law.
Paint, wallpaper, cabinets, and electrical fixtures are the responsibility of the unit owners. In addition, any improvements to the specific condo unit made by the unit owner, as well as the personal property of the unit owner, are the owner’s responsibility to repair.
What Is an Insurable Event to Condo Insurers?
An insurable event is anything covered by the condominium board or association’s insurance policy. This can include hurricanes, as well as fires, or certain other man-made disasters. In some cases, structural or other component failures outside the normal course of events may be included.
In the event of an insurable event, the board or association is required to replace all damaged components with replacements of like kind or quality in accordance with the original plans. In addition, the person or entity that insures the portion of the property is also responsible for providing any repairs to the property.
What happens if the event is not insurable?
If any damage to the condominium happens in the normal course of events, or if any damage to the condominium is below the threshold for insurance policies to apply, the costs of repairs are applied according to the condominium owner’s or association’s bylaws.
What Should Condo Owners or a Condo Board Do After a Hurricane?
Once the storm has subsided and residents are allowed to return to their homes, the condo owner should survey the building for damages, if possible. In addition, the condo owners should survey their units for damage and report it to the board or association as soon as possible.
It is important that you report all damage to the insurance company as soon as possible so that the claims process may begin as soon as possible.
What If the Condo Insurance Company Refuses to Pay for Hurricane Damage?
If the insurance company refuses to pay, you may seek to file a bad faith lawsuit. In addition, you may wish to seek an arbitration agreement with the insurance company or settle the case through mediation.
Contact Our Attorneys About Condo Damage From a Hurricane
If you are a member of a condominium board, you have the responsibility for repairs for your units. You need all the help your company can get.
If you are a condominium unit owner, you may wonder where your responsibilities for repairs begin and the association’s responsibilities end.
In either case, you will need legal guidance to face a complicated legal situation. We at Insurance Claim HQ are able to help. We can assist those who own or live in condominiums to file or appeal their claim after a hurricane. Contact us online or call today.
FAQs About Condo Damage Repairs in Florida
Is a negligent condo owner liable for any damages?
If the building is damaged due to the actions of a negligent condo owner, or if a condo owner maliciously damages the building, the condo owner is liable for the cost of damages. This applies even if the damages come during an insured event and even if the board or association is responsible for repairs.
What about repair costs not covered by insurance?
Under Florida condo repair laws, any repair costs incurred by a condo association or board may be assessed to the owners as a common expense. This includes any repairs that fall into the deductible.