Letís assume that a storm has just damaged your condominium. Of
course, the board has the authority to start making repairs to
the common elements. But can a unit owner beging making repairs
to their damaged unit with no questions asked?
Florida Statute 718.111 states:
A unit owner may undertake reconstruction work on portions of
the unit with the prior written consent of the board of
administration. However, such work may be conditioned upon the
approval of the repair methods, the qualifications of the
proposed contractor, or the contract that is used for that
purpose. A unit owner must obtain all required governmental
permits and approvals before commencing reconstruction.
How Do We Pay The Large Insurance Deductible?
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
Suppose a Unit Owner, Tenant or Guest Damages The Property? Who
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.
So if a Unit Owner Causes Damage to the Common Elements, is that
Unit Owner Financially Responsible to the Association?
Only if it is not paid by insurance proceeds. If it is paid by
insurance proceeds, the insurance company can sue the owner for
But Suppose the Owner Already Paid the Association for the
Damage He or She Caused?
To the extent the cost of repair or reconstruction for which the
unit owner is responsible is reimbursed to the association by
insurance proceeds, and the association has collected the cost
of such repair or reconstruction from the unit owner, the
association shall reimburse the unit owner without the waiver of
any rights of subrogation.