THE BOSS (Boards & Owners For SucceSS)
CONDO FAQ's

In Florida, the responsibility for paying a hurricane insurance deductible is governed by Florida Statute 718.111(11). The law divides responsibility between the association and the individual unit owners based on what property was damaged.

​1. The Association’s Responsibility

​Under Florida Statute 718.111(11)(j), the cost of any insurance deductible and any damage in excess of insurance proceeds is considered a common expense of the association.

• ​Payment: The association typically pays the deductible upfront.
• ​Funding: Because it is a common expense, the board usually funds this through the association’s reserve accounts or by levying a special assessment against all unit owners.
• ​Coverage Area: The association’s master policy generally covers the building’s “envelope” (roof, exterior walls, structural components) and all property “as originally installed” according to the original plans and specifications.

​2. The Unit Owner’s Responsibility

​While the association handles the building’s master deductible, unit owners are responsible for specific items within their units.

• ​Individual Property: Owners must pay for damage to floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, built-in cabinets, countertops, and window treatments (curtains, blinds, etc.).
• ​HO-6 Policy: Unit owners should have their own insurance (HO-6 policy) to cover these items and their own personal deductible.
• ​Loss Assessment Coverage: Most HO-6 policies in Florida are required by law to include at least $2,000 in “Loss Assessment” coverage. This can often be used to help the owner pay their share of a special assessment levied by the association to cover the master policy’s hurricane deductible.

​3. The “Opt-Out” Exception

​There is a specific provision under 718.111(11)(k) that allows an association to “opt out” of the statutory allocation described above.

• ​If a majority of the total voting interests of the association votes to opt out, the association can instead allocate repair and reconstruction expenses according to the specific language in the community’s original Declaration of Condominium.
• ​If your association has opted out, you must refer to the Declaration to see if the responsibility for deductibles is assigned differently (e.g., making the owner of the damaged unit responsible).

Under Florida law, applicants are not universally or automatically subject to a required background check or investigation by the state itself.

Instead, whether an applicant must undergo a background check depends entirely on the individual condominium association’s governing documents (the Declaration of Condominium, Articles of Incorporation, and Bylaws).

Florida Statute Chapter 718 grants associations the framework to screen, but the association must explicitly hold that authority in its own rules to legally enforce it.

In Florida, the short answer is yes—but whether it is required before or after filing a lawsuit depends on the type of dispute and the type of association. Florida law heavily favors Alternative Dispute Resolution (ADR) because it is faster and cheaper than traditional litigation. ⚖️

The two most common forms of ADR used in these communities are:

1. Mediation: A neutral third party helps both sides reach a voluntary agreement. 🤝

2. Arbitration: A neutral third party (often a state-appointed official) listens to both sides and makes a binding or non-binding decision. 👨‍⚖️

Requirements for Condominiums (Chapter 718) 🏢

For condos, the law is very specific. You must go through Mandatory Non-Binding Arbitration with the Division of Condominiums before you are allowed to step foot in a courtroom for “internal” disputes, such as:

• Recall of a board member. 🗳️

• Disputes over official records requests. 📁

• Disputes over elections or meeting notices. 🗓️

Yes, provided the authority to do so is in the declaration, articles of incorporation, or bylaws. The association may charge a preset fee, but it may not exceed $150 per applicant (though a husband/wife or parent/dependent child are considered one applicant). No charge can be made in connection with the lease or sale unless the association is required to approve such transfer.

Yes. The association has the irrevocable right of access to each unit during reasonable hours when necessary for the maintenance, repair, or replacement of any common elements or any portion of a unit to be maintained by the association, or as necessary to prevent damage to the common elements or to a unit.

In Florida, the rules regarding security deposits held by an association (rather than the landlord) differ significantly between condominiums and HOAs. This is often a point of confusion for both boards and residents. 🏘️

For Condominium Associations, Florida Statute 718.112(2)(i) explicitly allows the association to require a security deposit from a tenant, but only if the authority to do so is written into the Declaration of Condominium or the Bylaws. 📜 The amount of the security deposit cannot exceed 1 month’s rent.

The “All-In” Rule

For condominiums, the $150 cap is generally considered an “all-inclusive” limit for the association’s costs.

The Third-Party Exception 🖥️

There is one common scenario where you might see costs exceed $150 legally: Third-party screening services.

• If the association uses an outside company to run background and credit checks, and that company charges $50, the association can pass that specific cost through to the applicant.

• However, the association themselves still cannot pocket more than the $150 for their own administrative efforts.

The Association has an irrevocable right of access during reasonable hours for maintenance or repairs of common elements, or if necessary to prevent damage to other units.

Yes, including names, unit numbers, and mailing addresses. However, your email address is only public if you have consented to receive notices electronically.

Usually, no. 718.111(11) specifically excludes items like floor/wall/ceiling coverings, electrical fixtures, appliances, water heaters, and built-in cabinets inside your unit. Those are on you.

Every 36 months. The statute requires an independent “replacement cost” appraisal to ensure the building isn’t under-insured.

The Association acts as the trustee for all unit owners and mortgage holders when receiving insurance proceeds for the common elements.

Under Florida law, applicants are not universally or automatically subject to a required background check or investigation by the state itself.

Instead, whether an applicant must undergo a background check depends entirely on the individual condominium association’s governing documents (the Declaration of Condominium, Articles of Incorporation, and Bylaws).

Florida Statute Chapter 718 grants associations the framework to screen, but the association must explicitly hold that authority in its own rules to legally enforce it.

If a unit is abandoned, the Board can enter to inspect, turn on utilities, or mitigate mold/damage—at the Board’s sole discretion—to protect the rest of the building.

In Florida, the $150 cap acts as a legal “speed limit” for condominium associations. This rule ensures that while associations can vet new residents to protect the community, they can’t use the application process as a significant profit center. 💸

Let’s break down the specific rules governing this fee:

1. The “Per Applicant” Rule 👥

The $150 limit is per applicant. however, the law provides a break for families. An association can only charge one fee for a husband and wife or a parent and dependent child. If two unrelated friends apply to roommates, the association could potentially charge $150 for each ($300 total).

2. Authority in the Documents 📑

A board cannot simply decide to start charging this fee one day. The authority to charge a transfer fee must be written into the association’s specific governing documents (the Declaration of Condominium). If the documents are silent on fees, the board generally cannot charge one at all until they formally amend the documents.

3. Renewal Prohibitions 🚫

If a tenant is already living in a unit and simply wants to renew their lease for another year, the association is prohibited from charging the transfer fee again. The fee is for the initial “transfer” of the right to occupy the unit.

In Florida, the short answer is yes—but whether it is required before or after filing a lawsuit depends on the type of dispute and the type of association. Florida law heavily favors Alternative Dispute Resolution (ADR) because it is faster and cheaper than traditional litigation. ⚖️

The two most common forms of ADR used in these communities are:

1. Mediation: A neutral third party helps both sides reach a voluntary agreement. 🤝

2. Arbitration: A neutral third party (often a state-appointed official) listens to both sides and makes a binding or non-binding decision. 👨‍⚖️

Requirements for Condominiums (Chapter 718) 🏢

For condos, the law is very specific. You must go through Mandatory Non-Binding Arbitration with the Division of Condominiums before you are allowed to step foot in a courtroom for “internal” disputes, such as:

• Recall of a board member. 🗳️

• Disputes over official records requests. 📁

• Disputes over elections or meeting notices. 🗓️

The Association must maintain adequate property insurance for the full replacement cost of the building (minus your interior items). This is mandatory regardless of what your Declaration says.

You do! The Association is a Florida corporation where every unit owner is a shareholder (member). Statute 718.111 mandates it must be a corporation for profit or non-profit.

Recent updates clarify that the Association is generally responsible for the cost of removing and reinstalling hurricane protection if it’s necessary for building maintenance.

In Florida, the responsibility for paying a hurricane insurance deductible is governed by Florida Statute 718.111(11). The law divides responsibility between the association and the individual unit owners based on what property was damaged.

​1. The Association’s Responsibility

​Under Florida Statute 718.111(11)(j), the cost of any insurance deductible and any damage in excess of insurance proceeds is considered a common expense of the association.

• ​Payment: The association typically pays the deductible upfront.
• ​Funding: Because it is a common expense, the board usually funds this through the association’s reserve accounts or by levying a special assessment against all unit owners.
• ​Coverage Area: The association’s master policy generally covers the building’s “envelope” (roof, exterior walls, structural components) and all property “as originally installed” according to the original plans and specifications.

​2. The Unit Owner’s Responsibility

​While the association handles the building’s master deductible, unit owners are responsible for specific items within their units.

• ​Individual Property: Owners must pay for damage to floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, built-in cabinets, countertops, and window treatments (curtains, blinds, etc.).
• ​HO-6 Policy: Unit owners should have their own insurance (HO-6 policy) to cover these items and their own personal deductible.
• ​Loss Assessment Coverage: Most HO-6 policies in Florida are required by law to include at least $2,000 in “Loss Assessment” coverage. This can often be used to help the owner pay their share of a special assessment levied by the association to cover the master policy’s hurricane deductible.

​3. The “Opt-Out” Exception

​There is a specific provision under 718.111(11)(k) that allows an association to “opt out” of the statutory allocation described above.

• ​If a majority of the total voting interests of the association votes to opt out, the association can instead allocate repair and reconstruction expenses according to the specific language in the community’s original Declaration of Condominium.
• ​If your association has opted out, you must refer to the Declaration to see if the responsibility for deductibles is assigned differently (e.g., making the owner of the damaged unit responsible).

In Florida, the responsibility for paying a hurricane insurance deductible is governed by Florida Statute 718.111(11). The law divides responsibility between the association and the individual unit owners based on what property was damaged.

​1. The Association’s Responsibility

​Under Florida Statute 718.111(11)(j), the cost of any insurance deductible and any damage in excess of insurance proceeds is considered a common expense of the association.

• ​Payment: The association typically pays the deductible upfront.
• ​Funding: Because it is a common expense, the board usually funds this through the association’s reserve accounts or by levying a special assessment against all unit owners.
• ​Coverage Area: The association’s master policy generally covers the building’s “envelope” (roof, exterior walls, structural components) and all property “as originally installed” according to the original plans and specifications.

​2. The Unit Owner’s Responsibility

​While the association handles the building’s master deductible, unit owners are responsible for specific items within their units.

• ​Individual Property: Owners must pay for damage to floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, built-in cabinets, countertops, and window treatments (curtains, blinds, etc.).
• ​HO-6 Policy: Unit owners should have their own insurance (HO-6 policy) to cover these items and their own personal deductible.
• ​Loss Assessment Coverage: Most HO-6 policies in Florida are required by law to include at least $2,000 in “Loss Assessment” coverage. This can often be used to help the owner pay their share of a special assessment levied by the association to cover the master policy’s hurricane deductible.

​3. The “Opt-Out” Exception

​There is a specific provision under 718.111(11)(k) that allows an association to “opt out” of the statutory allocation described above.

• ​If a majority of the total voting interests of the association votes to opt out, the association can instead allocate repair and reconstruction expenses according to the specific language in the community’s original Declaration of Condominium.
• ​If your association has opted out, you must refer to the Declaration to see if the responsibility for deductibles is assigned differently (e.g., making the owner of the damaged unit responsible).