Florida Condo Damage Claims: Legal Steps to Take

Living in a Florida condominium offers a unique lifestyle, blending the comfort of home ownership with shared amenities. However, when disaster strikes whether from a hurricane, a burst pipe, or a fire, the path to recovery can be far more complex than for a single-family homeowner. Understanding Florida condo damage claims how to file guidelines is essential because you are often dealing with two distinct insurance policies: your own and the association’s.

The confusion between “who covers what” often leads to delayed payouts or unfair denials. This guide breaks down the specific legal steps you must take to protect your investment and details the critical differences between a condo insurance claim Florida unit owner policy and the association’s master policy.

Understanding Coverage: Master Policy vs. Unit Owner

The most challenging aspect of a condo claim is determining which policy applies. In Florida, this is largely governed by the Florida Condominium Act (specifically Statute 718.111(11)), which delineates insurance responsibilities.

The Association’s Master Policy

The Florida condominium damage claim common areas and master policy generally covers the “skeleton” and exterior of the building. This includes:

• Structural Elements: The roof, exterior walls, and foundation.
• Common Areas: Lobbies, elevators, pools, and hallways.
• Building Infrastructure: Plumbing and electrical wiring inside the walls.

The Unit Owner’s Policy (HO-6)

As a unit owner, you are typically responsible for everything from the “paint in.” This usually includes:

• Interior Finishes: Floor coverings (tile, carpet), cabinetry, and countertops.
• Appliances: Built-in appliances like dishwashers and water heaters.
• Personal Property: Furniture, electronics, and clothing.

It is vital to know if your association has a “bare walls” policy (covering only the structure) or an “all-in” policy (covering some interior fixtures), as this dictates what your personal insurance must cover.

Legal Steps for Condo Damage Claim Florida

If your unit has suffered damage, taking the correct legal steps for condo damage claim Florida statutes require is critical to preserving your right to compensation.

1. Mitigate and Secure the Property

Your first duty is to prevent the damage from getting worse. If there is a water leak, shut off the main valve immediately. If a window is broken, board it up. Keep all receipts for these emergency repairs, as they are reimbursable.

2. Notify All Parties Immediately

You should report the loss to both your own insurance carrier and the condo association’s property manager immediately. Even if the damage seems internal, the cause (like a roof leak) might be the association’s responsibility. Florida law sets strict deadlines for filing claims for hurricanes, you generally have only one year from the date of loss to file a new claim.

3. Document the Damage Extensively

Before any cleanup begins, take high-resolution photos and videos of the damage. Create a detailed inventory of damaged items, including their age and estimated value. Do not throw away damaged items until the adjuster has inspected them.

4. Request a Copy of the Master Policy

To ensure you aren’t left with a coverage gap, request a copy of the association’s current insurance policy and the Declaration of Condominium. These documents are official records you are entitled to review.

Common Pitfalls: Loss Assessments and Water Damage

Water Damage Disputes

Water is a frequent source of conflict in Florida condos. If a pipe bursts in a neighbor’s unit and floods yours, determining liability can be messy. Typically, the association fixes the drywall (unfinished), while you must replace the paint, wallpaper, and flooring.

Loss Assessment Coverage

If the damage to the common areas is severe (like after a major hurricane) and exceeds the association’s coverage, they may issue a “special assessment” to all unit owners to cover the deductible or repairs. Your personal HO-6 policy may cover this if you have “Loss Assessment” coverage.

How United Law Group Helps With Personal Injury Cases

While we are widely known for our personal injury expertise, United Law Group is also a fierce advocate for property owners. Insurance companies often exploit the confusion between condo policies to shift blame and delay payment.

Whether you are dealing with a denied claim in Florida or need help interpreting complex policy exclusions, our team is ready to step in. We ensure that both your specific insurer and the condo association’s insurer are held accountable for their respective shares of the damage. Don’t let them pass the buck – Jack’s Got Your Back.