Board members in many condominium associations rely on a management company or attorney to assist them in understanding the vast number of Florida laws regulating the management of their property. In the case of insurance coverage, board members also rely on an insurance agent. While these professionals provide valuable information, ultimately it is the board’s responsibility to make appropriate decisions for their association.
By law all associations have a document called the Declaration. The association’s Declaration spells out the board’s charter which states the rules that must be followed when managing the property and the board’s relationship with its member owners.
The Declaration defines the property and states the level of hazard insurance coverage that must be maintained on the property. At a minimum hazard insurance coverage by the association includes damage to the associations’ buildings. Additional association coverage may include common elements, such as swimming pools, courts (tennis, pickleball, bocce, shuffleboard), fences, gates, a guard house, streets and parking lot lighting, to name a few.
In individual condominium buildings the responsibility for maintaining hazard insurance coverage is divided between the association and each condominium unit owner.
The association’s Board of Directors is primarily responsible for purchasing hazard insurance coverage for each building including the building’s foundation, perimeter walls, roof, interior demising floors, partition walls, common hallways and elevators. It does not include the slab and utility lines to the slab. It is assumed that these elements will survive a hazard event.
Each condominium unit owner is responsible for purchasing hazard insurance coverage on everything inside their unit. The owner’s insurance should cover the unit’s floor coverings, wall and ceiling finishes, electrical and plumbing fixtures and the cabinets and appliances. If desired, the homeowner may purchase separate hazard insurance to cover personal property such as furniture, electronics, artwork and clothing. The condominium’s Declaration document spells this out in detail.