Florida Condo Laws: Who Repairs What

Governing law

State law sets the defaults. Your declaration (sometimes called the master deed or CC&Rs) usually fills in the details, and it often moves specific items between the owner and the association. Read both together.

Who maintains what

Under s. 718.113(1), maintenance of the common elements is the association's job, except for any maintenance of limited common elements that the declaration assigns to the unit owner. The same subsection lets the declaration charge the cost of limited common element upkeep only to the owners who use them, if it explains how the cost is shared. The statute does not list unit components itself. The declaration defines what is part of your unit, and owners generally maintain what is inside it. When in doubt, the declaration controls.

For a component-by-component breakdown, see who pays for what and limited common elements.

Unit boundaries

Florida has no statutory default for unit boundaries. Section 718.104(4) requires the declaration to identify each unit and include a survey, graphic description, and plot plan detailed enough to show each unit and the common elements. That means boundaries vary by building. Check your declaration and its exhibits to see whether your unit runs to the unfinished drywall, the studs, or somewhere else.

Boundaries decide most repair disputes, from plumbing leaks to windows. Our unit boundaries guide explains how to read them.

Key provisions

• The association maintains the common elements; the declaration may assign limited common element upkeep to owners (s. 718.113(1)).
• Material alterations to common elements need the approval set in the declaration, or 75 percent of owners if it is silent (s. 718.113(2)).
• The association must carry adequate property insurance based on replacement cost, with an independent appraisal at least every 3 years (s. 718.111(11)(a)).
• Buildings three habitable stories or higher need a structural integrity reserve study at least every 10 years (s. 718.112(2)(g)).
• Condo buildings three habitable stories or more need a milestone inspection, generally by December 31 of the year the building turns 30, then every 10 years (s. 553.899).
• Resale buyers get a 7 business day window to cancel after receiving the required documents (s. 718.503(2)).

Reserve studies

Thin reserves often turn into special assessments. See reserve study red flags for what to look for.

What is different in Florida

Insurance and deductibles

Under s. 718.111(11), every association must carry adequate property insurance based on replacement cost, set by an independent appraisal at least every 3 years. Deductibles must follow industry standards for similar communities. The master policy excludes personal property and items such as floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments, so owners need their own coverage. Repairs to insured property are a common expense, including the deductible. But an owner pays when the damage came from that owner's (or a family member's or tenant's) intentional conduct, negligence, or rule violations.

Related: HOA insurance deductibles and master policy vs HO-6.

Buying or selling a Florida condo

When an owner sells, s. 718.503(2) requires the seller to give the buyer, at the seller's cost, the declaration, articles, bylaws, rules, the latest annual financial statement and budget, and the Frequently Asked Questions and Answers sheet. Where they exist, the seller must also give the milestone inspection summary, the SIRS (or a statement that none was done), and any turnover inspection report. If the buyer did not get these more than 7 business days before signing, the buyer can cancel within 7 business days after signing and receiving them. That right ends at closing and cannot be waived.

Frequently Asked Questions

Who pays to fix a leak from my upstairs neighbor's Florida condo?

It depends on what was damaged and why. Damage to property the association insures is generally repaired as a common expense under s. 718.111(11). But if the leak came from the neighbor's negligence or a rule violation, that owner can be held responsible. Your own finishes, appliances, and cabinets are excluded from the master policy, so your HO-6 policy is usually what covers them.

Does my Florida condo need a structural integrity reserve study?

Only if your building is three habitable stories or higher. Those buildings need a SIRS at least every 10 years, covering the roof, structure, waterproofing, plumbing, electrical, windows, and other big items. Associations that existed by July 1, 2022 had to finish the first one by December 31, 2025, or by December 31, 2026 if done together with a milestone inspection.

Can Florida condo owners vote to skip reserves?

Not for SIRS items. Owners can no longer vote to waive or reduce reserves for the structural components a SIRS covers. The 2025 law does let associations pause or reduce contributions for up to two budget years after a milestone inspection, and lets owners approve a loan or line of credit for required repairs. Rules for other reserve items differ, so ask the association.

When does my building need a milestone inspection?

For condo buildings three habitable stories or more, the first one is due by December 31 of the year the building turns 30, based on its certificate of occupancy. A local government can require it at 25 years in places such as near salt water. Inspections then repeat every 10 years.

How long do I have to cancel a Florida condo purchase?

Under s. 718.503(2), if you did not receive the required documents more than 7 business days before signing, you can cancel within 7 business days (excluding weekends and legal holidays) after signing and receiving them. The right ends at closing, and any waiver of it has no effect.