2022-30 Insurance Edit page

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 to determine who is legally responsible in any given situation. https://www.mbkeylargo.com/p/Condo-Docs 

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.

Marcos Gravier, Gallagher Area VP - 561-430-4765 / [email protected]