The Florida Condominium Act, Fla. Stat. §718.101, et. seq., governs the formation, management, powers, and operation of condominium associations in Florida.

Is it mandatory for condo associations to maintain an insurance policy Florida?

Florida statutes require condominium associations to obtain and maintain "adequate" property insurance for the replacement cost of the property to be insured. ... Unlike condo facilities, homeowner associations are not required to have insurance for common areas, under state law.

What is condominium property law?

A Condominium Property is any building erected on alienated land held as one land parcel and capable of being subdivided into parcels. A Provisional Condominium Property is any building erected on alienated land held as one land parcel and capable of being subdivided into parcels.

Who regulates Florida condominiums?

Stat. §720.302(2). The Office of the Condominium Ombudsman is a government agency established to regulate residential communities in Florida and oversee, among other things, education, complaint resolution, mediation and arbitration, and developer disclosure.

What is the Florida statute 718?

—The purpose of this chapter is: (1) To give statutory recognition to the condominium form of ownership of real property. (2) To establish procedures for the creation, sale, and operation of condominiums. Every condominium created and existing in this state shall be subject to the provisions of this chapter.

The laws every Florida condo owner needs to know

Who is responsible for water damage in a condo Florida?

In general, your condo association should pay for water damage to the condominium's common elements as long as it was caused by an insurable event. The association's responsibility includes damaged ceilings and drywall, as well as damaged wiring behind the walls.

What is the purpose of the Florida condominium Act?

—The purpose of this chapter is: (1) To give statutory recognition to the condominium form of ownership of real property. (2) To establish procedures for the creation, sale, and operation of condominiums. Every condominium created and existing in this state shall be subject to the provisions of this chapter.

Can you refuse to join a homeowners association?

In short, if you bought your home before the formation of an HOA, you cannot be forced to join if a new association is started. There is no way for anyone to make you sign the contract, and you didn't agree to it during the home buying process. Therefore you are not mandated to pay the fees on a newly formed HOA.

Where do I file a complaint against my HOA?

Filing a Complaint

Contact your city hall to see if a commission or local ombudsman is in place to take homeowners association complaints. Usually, you will need to fill out a complaint form and wait for the ombudsman to look into the matter.

How can I legally annoy my HOA?

1. Ask For Copies Of Statements. ...
2. Put Up Religious Statues Or Signs. ...
3. Invest in Solar Panels or TV Satellites. ...
4. Start Planting! ...
5. Read The Contract. ...
6. (Over)Use The Amenities. ...
7. Hang Your Clothes. ...
8. Catch Someone Else.

What defines a condominium?

A condominium or condo is a designation given to homes that are attached to one another in one or more ways. Condos can be physically connected and/or legally connected. All condos have fees that go towards certain items such as management, insurance, utilities and maintenance.

What's the difference between a condominium?

What's the difference between an apartment and a condo? ... An apartment is defined as a residence that is rented, often as part of a larger residential building. A condo is similar in structure to an apartment — usually a unit within a larger residential building — but condos are owned instead of rented.

What is apartment act?

An Act to provide for the ownership on an individual apartment in a multi-storeyed building and of an undivided interest in the common areas and facilities appurtenant to such apartment and to make such apartment and interest heritable and transferable and for matters connected therewith or incidental thereto.

What does a condo association insurance policy cover?

HOA insurance protects you from paying for damage or liability claims in common areas. Condo insurance covers the internal walls of your home, your belongings and liability issues that occur inside your condo. Home insurance protects the inside and outside of your home, your personal property and on-property liability.

How do you file a complaint against an HOA in Florida?

To request a Condominium/Cooperative Complaint Form (PDF), you may call 1.800. 226.9101 (from within Florida only) or 850.488. 1122, or download a printable copy from this page.

Are HOA rules enforceable?

While the rules and regulations of an HOA are legally binding for association members, they generally aren't enforceable by law enforcement. Instead, violations of association guidelines are considered a civil matter between the HOA and offending member.

How do homeowners association deal with problems?

1. Know the HOA rules or bylaws. ...
2. Respond to any allegation of a violation, including failing to pay your fees, in writing. ...
3. Do not argue over the rules as they are usually legally binding within your state.

Can HOA fees be waived?

The assessment liability remains for the entire period of ownership, or until the title is transferred. In other words, an HOA member cannot waive or otherwise escape the assessment obligation by non-use of the common areas, or abandonment of the property.

What happens if you break HOA rules?

You are not “breaking the law” per se when you don't adhere to the HOA rules or pay your HOA fees. Failure to do either of those, however, can still result in serious consequences – e.g, fines, prohibitions on using the community facilities, and, ultimately, the establishment of liens on your home.

Can a condo association deny a buyer in Florida?

In Florida, HOAs have a legal right to approve or deny potential buyers and tenants if they do not meet specific criteria outlined in the association's governing documents. HOA/Condo laws in Florida allow HOAs considerable discretion in approving or denying potential buyers and renters.

Who is responsible for governing a condominium?

Thus, the definition of a unit is important, and it is solely driven by the declaration or master deed governing your condominium development. The unit owner will be responsible for the maintenance and repair of the unit. Typical limited common elements are balconies, patios, parking spaces, and hallways.

What is the Florida vacation plan and timesharing act?

The new bill, Florida H/B 7025 was signed into law June 12, 2013 by Florida Governor Rick Scott. It is an amendment to the Florida Vacation Plan and Timesharing Act, and does a few things: Helps HOAs foreclose on these abandoned properties, allowing them to put new owners into the timeshare units who will pay the fees.

Can I sue my neighbor for water damage?

If the flow of water causes damage you may be able to sue for compensation and/or obtain a court order stopping the activity. If the flow is caused by a deliberate act of the neighbour, it may be a trespass.

Who is responsible for water leaks in a condo?

According to the National Association of Insurance Commissioners (NAIC), condo owners are responsible for insuring their own unit. That means if a water leak causes damage to an individual condo, it's typically the responsibility of the condo owner, not the Homeowners Association (HOA).

Who is liable if a condo collapses?

In California, should an injury occur on a person's property due to a dangerous or defective condition of the premises, the doctrine of premises liability will likely hold the property owner responsible.