The Difference Between The Duty To Maintain and The Duty To Insure Condominium Association Property

Jun 21, 2010 By Shaun Marker Condominium Associations, Florida

There are often disagreements between association board members, unit owners and property managers regarding what constitutes condominium association property for insurance claim purposes. In these situations, there can be confusion between the association’s duty to maintain condominium property and the duty to insure condominium property. The condominium statute, §718.111(11), addresses the association’s duty to provide primary insurance coverage protecting the association.

Specifically, the Statute states that, every association insurance policy issued or renewed on or after January 1, 2009, shall provide coverage for:

(1) all portions of the condominium property as originally installed or replacement of like kind and quality, in accordance with the original plans;
(2) all alterations or additions made to the condominium property pursuant to §718.113(2);
(3) the coverage shall exclude all personal property within the unit or 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 of any of the foregoing.

F.S.A. §718.111(11)(f)1-3.

Basically, this means that it is the association’s responsibility to provide insurance coverage for the roof, exterior, windows and doors, and generally in to the interior wall on the other side of the paint or other wall covering. The association may also be responsible for insuring any alterations or additions to the condominium property that receive the required voting approval of unit owners, as per the statute.

It is important to note that this duty to provide insurance can be thought of as separate and apart from the association’s duty to maintain condominium association property.

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