In the wake of Tropical Storm Debbie, Hurricane Helene and Hurricane Milton, many condominium associations in Florida are making significant repairs.. Both associations and unit owners are discovering the impact of Florida Statute 718.111(11) on their insurance responsibilities. This statute, part of Florida’s Condominium Act, outlines requirements for insurance coverage and responsibilities for both the association and individual unit owners.
Association’s Insurance Responsibilities
According to Section 718.111(11), Florida Statutes, associations are generally responsible for insuring both units and common areas as they were originally constructed by the developer, as well as replacements of like kind and quality, in accordance with the original plans and specifications. This coverage requirement includes any approved alterations or additions as per Section 718.113, Florida Statutes.
Exception to Association Coverage
The statute excludes certain items from association coverage, requiring unit owners to insure these items themselves. Exclusions include:
- Personal property within the unit
- Floor, wall, and ceiling coverings
- Electrical fixtures and appliances
- Water heaters and filters
- Built-in cabinets and countertops
- Window treatments (e.g., curtains, blinds)
This means that unit owners should maintain their own insurance to cover these items.
Insurable Events and Responsibility
The association’s insurance obligations come into play when there’s an insurable event. While insurable events can include a variety of perils, this blog focuses on storm-related damage that has impacted Florida’s Gulf Coast.
Determining Reconstruction Responsibility
After an insurable event, associations and unit owners must turn to Section 718.111(11) to understand reconstruction responsibilities. For instance, certain items that are typically a unit owner’s responsibility may become the association’s obligation under the statute. These items can include:
- Windows and doors
- Lanais and porch or patio screens
- Air conditioning (HVAC) systems
Key Takeaway
In cases of insurable events, such as hurricanes, Florida Statute 718.111(11) outlines that any part of the condominium property that the association must insure, and which is damaged, shall be reconstructed by the association as a common expense. This holds true even if the association chooses not to file an insurance claim.
Conclusion
Florida Statute 718.111(11) plays a crucial role in determining insurance responsibilities after hurricane-related damage in condominium properties. Both condo associations and unit owners must familiarize themselves with the statute to ensure compliance and proper protection of their property. If you have any questions on this topic, we recommend you reach out to your local association attorney.
