Condominium associations impose specific repair responsibilities on both management and unit owners.
Condo Unit Repair Responsibility
Condominium unit owners are responsible for the maintenance, repair, and improvement (as needed) of their individual units as these units are described in the "Ownership" page of this website.
Damage Repair. The question of who is responsible for repairs resulting from accidental or intentional damage to condominium units has been frequently asked. When is the homeowner responsible and to what extent, and when is the association responsible? Florida Statute 718.111(11)(J) addresses this subject, eliminating any confusion regarding damage repair responsibilities for condominium units and adjacent common elements:
1) For damages caused by accidental and unintentional (insurable) events:
- The condominium owner is only responsible for repairing any damage within the boundaries (inside the floor slab and inside the exterior wall/ceiling drywall) of their condominium unit;
- The Association is responsible for reconstructing, repairing and replacing any portion of the condominium (common) property, including drywall, support structures, utility lines, etc.; and
- Repair of other (adjacent) damaged units is the responsibility of the respective owners of those units.
2) For damages caused by intentional misconduct, negligence, or failure to comply with Association rules, the unit owner is responsible for the costs of repair or replacement of any portion of the condominium property not paid by insurance proceeds. This includes the cost of repairing or replacing other portions of the condominium property including personal property of other unit owners or the Association.
3) 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.
Incidental Damages
This page and the “Alterations” page of this website describe approval requirements and responsibilities for altering and repairing common elements, limited common elements (e.g., owner balconies) and owner units. For repairs made by the association to an owner’s unit, responsibility for “incidental” damage is often questioned. Incidental damage is defined as: damage caused by the association’s exercise of its maintenance, repair, and/or replacement responsibility. Damage could include removal of the owner's sliding glass doors or removal of owner alterations and improvements to balconies such as floor tile, hurricane shutters, glass enclosures, etc.
Answers to responsibility questions largely depend on whether the association’s governing documents include an “incidental damage clause”, how this clause is written, and the specific circumstances of the situation. The damage repair and replacement obligation of the association may be limited to damage caused to the unit and to the original developer-installed limited common elements (e.g., balconies) or it could include damage to any owner improvements to limited common elements.
Paragraph 6.1(a)(3) of Jupiter Bay’s Declaration says, “All incidental damage caused to a unit by such work [association repairs/replacements] shall be repaired promptly at the expense of the Association.” This applies exclusively to damage caused by Association work and no other unit damages. Paragraph 6.1(b)(1) says that the Unit Owner is responsible “To maintain, repair and replace at his expense, all portions of his unit except the portions of his unit to be maintained, repaired, and replaced by the Association.”
Since our governing documents contain incidental damage language, which is specific to damage caused to units, our Association is not responsible for incidental damage caused to owner modifications to the common elements or limited common elements. In other words, when doing concrete restoration work, the Association will restore balconies to their original as-built condition, and the unit owner is responsible for all expenses associated with the removal and reinstallation of owner alterations. Similarly, the Association will likely not be responsible to repair any damage to any owner alteration to a unit where the declaration required association approval and the owner failed to obtain approval prior to the alteration.
Generally, the association’s repair obligation is limited to actual damage caused to the unit because of its maintenance, repair, and replacement obligation. If a unit owner is required to vacate their unit for the Association to effectuate repairs, the Association is not generally responsible to reimburse the owner for the associated costs.
Finally, If the Association receives a report from an expert advising that certain repairs must be performed, and the association fails to act, the Association may be responsible for the costs of any damage to the units caused by its failure to act.
Association Management Repair Responsibility
Per Florida statute 718.111(4), "The association has the power to make and collect assessments and to lease, maintain, repair, and replace the common elements or association property." Not only does the association have the power to maintain, repair, and replace the common elements, but they have the sole responsibility to do this. Statute 718.113(1) 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. The association shall provide for the maintenance, repair, and replacement of the condominium property for which it bears responsibility pursuant to the declaration of condominium."
Jupiter Bay's Declaration assigns maintenance and repair responsibility for limited common elements to the association; however, the association's repair responsibility is limited to restoring the common elements back to the way they were when they were turned over to the condominium association by the builder. Specifically, the association has no responsibility regarding any unit-owner improvements to the limited common elements. This would include tile flooring, glass enclosures, etc.
Repair or Material Alteration?
When does a common area repair become a material alteration?
Generally, the purpose of common area repairs is to restore association assets (buildings, pools, bridges, roofs, balconies, parking lots, etc.) to their original condition. This is the condition of the assets when the association was turned over to the association's board of directors by the builder and correspondingly the asset's condition (design, color, layout, etc.) when the owners purchased their condominium units.
However, in some cases this restoration to the exact prior condition is not possible or advisable due to the following:
- Unavailability or high price of the original materials.
- Superior and/or more durable replacement methods and materials.
- Changes in building codes and/or Florida statutes that obsolete prior methods and materials or have more stringent requirements (e.g., hurricane glass and hurricane shutters.)
In these cases, the repairs that may significantly alter the original asset are exempt from the material alteration provisions of the statutes and association's governing documents.
Hurricane Shutters
Per 718.113(5)(a) The board may, subject to s. 718.3026 and the approval of a majority of voting interests of the residential condominium, install hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection that comply with or exceed the applicable building code. However, a vote of the owners is not required if the maintenance, repair, and replacement of hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection are the responsibility of the association pursuant to the declaration of condominium.
Per 718.113(5)(b) If the hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection are the responsibility of the unit owners pursuant to the declaration of condominium, the maintenance, repair, and replacement of such items are the responsibility of the unit owner. Jupiter Bay's Declaration places this responsibility, except for the front doors of the units, on the homeowner: Section 6.1(a)(4) says "Provided that the Association shall have the authority to require unit owners, at their expense, to maintain, repair, and replace screens and glass for windows and glass doors within their respective units."
Florida House Bill 1021, which became law on 7/1/24, revised requirements for the installation of hurricane protection in a condominium building, including:
- Creating a uniform definition for “hurricane protection” to include hurricane shutters, impact glass, code compliant windows or doors, or other compliant hurricane protection products used to preserve and protect condominium or association property.
- Requiring boards to adopt hurricane protection specifications for each condominium building operated by the association.
- Requiring condominium declarations to delineate the responsibilities of unit owners and associations for the costs of maintenance, repair, and replacement of hurricane protections, exterior doors, windows, and glass apertures.
- Providing a uniform procedure for approval of hurricane protection, but the board cannot refuse to approve the installation and replacement of hurricane protection by a unit owner if it complies with an existing unified building appearance scheme.
- Providing that unit owners are not responsible for the cost of removal and reinstallation of hurricane protection if the removal is necessary to repair condominium property.