Common Elements (1)
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).
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The Association (1)
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).
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Unit Damage (2)
Under the statute’s insurance provisions, the unit owner is responsible for insuring and replacing all floor, wall, and ceiling coverings, as well as electrical fixtures, appliances, water heaters, and built-in cabinets/countertops within the unit. The association’s master policy generally covers only the “unfinished” structure.
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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).
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