An association and unit owners share responsibility for repairs in a Miami condominium complex based on several factors, such as whether the repair is to a common element or an individual unit and what type of repair needs to be done (normal maintenance versus casualty repairs).
Generally speaking, the condo association must carry a general insurance master plan for the common elements of the condominium complex.
Parking lots, lobbies, elevators, and recreational facilities are generally maintained and repaired by the association. Similarly, unit owners are responsible for maintaining their own units and repairing improvements or additions.
The association typically maintains walls and ceilings that were part of the original construction.
What Type of Insurance is the Condo Association Obligated to Provide for Members in Miami / Ft. Lauderdale?
Florida has unique insurance requirements that require association and unit owners to carry insurance. Under Section 718.111(11) of the Florida Statutes, each condominium association must provide a master insurance coverage policy for multiple-family dwelling buildings.
By law, unit-owner-controlled associations must use their “best efforts” to provide coverage for:
- All portions, as originally constructed, of the condo property. This includes replacements of such portions;
- Any alterations or subsequent additions to common areas or property of the association.
- Adequate hazard insurance based on replacement costs, to be determined once every 36 months
- The statute does not cover the following: personal property within individual units, electrical/water fixtures, appliances, and floor/wall/ceiling/window coverings.
Thus, under Section 718.111 (11), insurance is basically mandatory for condo associations, and this requirement cannot be circumvented without penalty.
Are Individual Condo Units in Miami or Ft. Lauderdale Required to Obtain Insurance in Addition to the Association’s Master Policy Insurance?
Yes. Despite the condominium association’s master insurance plan, you are required to carry personal insurance for your own unit, as this may not be covered specifically by the association’s insurance.
Your unit owner insurance plan must meet the following Florida state requirements:
- The unit owner’s insurance must cover their unit as well as any modifications/improvements made to the unit
- Coverage must be at least $2,000 for loss assessment
- The condominium association must be named in the policy as an additionally insured party/loss payee in the portion of the policy dealing with casualties
- The coverage must exceed any basic coverage provided by the association
As a Unit Owner, What Are My Options if I Fail to Obtain Insurance?
If you fail to comply with the individual owner insurance requirements, the association can purchase insurance for the unit. If this happens, the association may charge the unit owner for the expenses incurred in purchasing the individual insurance policy.
As a last resort, the association may foreclose the unit if the owner still refuses to comply.
How Can an Insurance Company Help With Repair Costs?
To cover costs, Miami condo associations are required by law to provide a master insurance policy covering the common elements of the complex. Individual unit owners are also required by law to insure their own units. Unit owners will be responsible for repairs to common elements that exceed their insurance coverage.
A discussion of repairs usually refers to maintenance and upkeep repairs for condos. Florida casualty repair laws cover hurricanes and unforeseen damages like broken water pipes. If a casualty rather than normal usage causes damage, consult a lawyer.
The Association Has Damaged My Unit in the Process of Repairing a Common Element Area. Who Is Responsible for the Damage?
You should check your Miami condo association’s rules and regulations for an incidental damages clause. In such a clause, the association is responsible for repairing damages caused to a unit during repairs of common elements. For instance, a common element may need to be repaired by cutting through walls or ceilings.
As before, the association will be responsible for damage to unit property that was part of the original construction, and you will still be responsible for damage to condo improvements. In some instances, especially with damage to improvements, you may need to prove that the association was negligent in causing the damage.
The condo association might hold you responsible for the damage done to your unit if it does not have an incidental damages clause. If your condo doesn’t have an incidental damages clause, ask if they can amend their rules to include one.
What If My Own Actions Have Caused Damage to a Common Element or Another Person’s Condo Unit?
Condominium owners in Miami are responsible for not damaging common elements or the units of other residents. It is your responsibility to repair such areas if your negligence caused them to be damaged. You might be entitled to a legal defense if you acted to alleviate an emergency.
However, unit owners are usually responsible for damages caused by their own negligence.
I Own a Condominium Unit in Miami, and it Has Some Defects. How Long Do I Have to File a Claim in Court?
A statute of limitations, or S.O.L. for short, specifies the timeframe within which a lawsuit must be filed. The S.O.L. expires after the time frame has passed, and a lawsuit cannot be filed. In Miami condominium construction defect lawsuits, the S.O.L. varies according to the nature of the defect.
S.O.L. guidelines in Florida distinguish between “known” and “latent” defects. A known defect has already been brought to the condo association’s or unit owner’s attention. A latent defect is unknown to the owner but can be discovered through a reasonably diligent search or inquiry.
Condo defects in Miami are subject to the following Statute of Limitations:
- Known Defects: The S.O.L. for known defects is four years from when the condominium complex was transferred from the construction team to the condo association. “Transition” is the term used to describe the transfer. During transition periods, lawsuits cannot be filed. In other words, if a person purchases a condo unit a year after the transition, they have three years to file a suit for a known defect.
- Note: The S.O.L. for construction improvements is four years from completion.
- Latent Defects: The S.O.L. for latent defects is ten years from the time of transition or completion of the improvement contract. An owner has four years left to file a claim against the responsible party if they discover a latent defect six years after an improvement has been made.
As you can see, the S.O.L. serves several useful purposes. First, it encourages unit owners to inspect their properties diligently and reasonably to ensure no latent defects. The S.O.L. also gives them a deadline to promptly encourage unit owners to file their lawsuits.
Should I Hire a Lawyer to Help Me With My Condo Repairs Claim?
Bringing a claim for condo repairs will certainly require the assistance of a lawyer. As a result, several different insurance policies may be involved, as well as various Florida housing laws.
There are many real estate lawyers in the Miami area well-versed in condo dispute claims, and they will be able to inform you of the options available under condo laws.
