Condominium Insurance Claims Lawyers in Florida
Aggressive representation for condo owners and HOAs throughout the Panhandle and Gulf Coast
Condominium insurance disputes can be complex. This is because condos don’t reside in a vacuum. Some areas such as the parking lots, administrative offices, landscaping, and stairs are common to all condo owners. Even the individual units depend on each other. When one owner suffers a loss, others can be affected.
At Warhurst Law, our experienced Florida condominium property damage lawyers understand the rights of individual condo owners and the rights of homeowners’ associations that own and run the full condo complex. We have secured millions of dollars for condo policyholders, even those who have already settled their claims, including $2.568 million in additional funds to policyholders in Louisiana after a flood. If your condo has sustained losses, let us help you the way we have helped thousands of others.
What makes condo claims different?
Condo buyers own their own unit. Together with the other owners, they also own the common areas. Some common areas are fairly easy to determine, such as stairwells, lobbies, and parking lots, because anyone can use them. Other common areas depend on the contracts between the owners and the homeowners’ association. Disputes about who owns the following parts of a condo unit or complex may occur. Who owns the various parts of the condo will dictate which insurance policy is responsible for covering the damages. Common areas may include:
- Some parts of the interior walls
- The exterior walls and the roof
- The air conditioning, heating, and electrical units
- Decks, patios, and balconies
Some items have limited ownership. For example, only the owners of the top floor may have access to the roof.
Florida condominium law
The Florida Condominium Act governs many different condominium issues including insurance. For example, Section 11a provides that adequate insurance should be based on the “replacement cost of the property to be insured as determined by an independent insurance appraisal or update of a prior appraisal. The replacement cost must be determined at least once every 36 months.”
Generally, each condo owner is required to have property/homeowners’ insurance for his or her unit. Normally, the HOA will inform the condo owner which insurance carrier he or she should use and what the minimum terms of the policy should be. The individual insurance policy should cover damage to the owner’s individual unit. The HOA board may set the amount of the deductible and other terms for the individual policy coverage. The HOA may set other terms that are related to any need to rebuild or repair the property. The HOA should have insurance for the common areas and any units that are not occupied or not insured.
The owners of the condos will normally need to add insurance protection for the contents of their home such as furniture, jewelry, personal possessions, appliances, and technology equipment.