Water leak from the condo upstairs in Florida: who pays for what

What the law says

Adequate insurance, whatever the declaration says. "Every condominium association shall have adequate property insurance as determined under this paragraph," regardless of any requirement in the declaration (§718.111(11)(a)).

Primary coverage. The association's property policy "must provide primary coverage for" the condominium property "as originally installed or replacement of like kind and quality," and for "All alterations or additions made to the condominium property or association property" under the declaration (§718.111(11)(f)).

What it excludes. "The coverage must exclude all 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 and blinds, "or replacements of any of the foregoing which are located within the boundaries of the unit and serve only such unit" (§718.111(11)(f)3). Those items are the unit owner's to insure.

Deductibles. "Policies may include deductibles as determined by the board," consistent with industry standards for similar communities, and set at a board meeting (§718.111(11)(c)).

What the law says

"All reconstruction work after a property loss must be undertaken by the association except as otherwise authorized in this section." An owner "may undertake reconstruction work on portions of the unit with the prior written consent of the board of administration." Unit owners "are responsible for the cost of reconstruction of any portions of the condominium property" that they are required to insure, and that cost "is chargeable to the unit owner and enforceable as an assessment" (§718.111(11)(g)).

What the law says

Property the association must insure under (11)(f) that "is damaged by an insurable event shall be reconstructed, repaired, or replaced as necessary by the association as a common expense." And: "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, except that" (§718.111(11)(j)):

1. "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."
2. The same responsibility extends to "personal property of other unit owners or the association," and other property the unit owners must insure.
3. If the association collects the cost from the owner and is later reimbursed by insurance, "the association shall reimburse the unit owner."
4. "The association is not obligated to pay for reconstruction or repairs of property losses as a common expense if the property losses were known or should have been known to a unit owner and were not reported to the association until after the insurance claim of the association for that property was settled or resolved with finality, or denied because it was untimely filed."

Opting out. An association may, "upon the approval of a majority of the total voting interests," opt out of paragraph (j) and allocate repair costs as the declaration provides (§718.111(11)(k)).

Upgrades. The association does not have to pay to rebuild improvements an owner or the developer installed that benefit only one unit and are not standard (§718.111(11)(n)).

What the law says

"Maintenance of the common elements is the responsibility of the association, except for any maintenance responsibility for limited common elements assigned to the unit owner by the declaration" (§718.113(1)).

Common elements include "Easements through units for conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services to units and the common elements," and installations that provide utilities or other services to more than one unit or to the common elements (§718.108(1)).

The association also "has the irrevocable right of access to each unit during reasonable hours," when needed for maintenance or repair of the common elements "or as necessary to prevent damage to the common elements or to a unit" (§718.111(5)(a)).

What the law says

A condominium unit owner policy must conform to section 627.714 (§718.111(11)(g)). For policies issued or renewed on or after July 1, 2010, the unit owner's residential property policy "must include at least $2,000 in property loss assessment coverage" for assessments from the same direct loss, with "a deductible of no more than $250 per direct property loss." The owner's coverage is excess over the amount recoverable under any other policy covering the same property (§627.714).