Under Florida condo repair law, the association pays to maintain and repair the common elements and the building structure, and each unit owner pays for everything inside the unit’s boundaries. That default split comes from Chapter 718 of the Florida Statutes, but the Declaration of Condominium for your specific building can move the line, and it usually does in ways that put more on the owner than the statute would. Recent legislation has also added mandatory structural inspections and reserve funding rules that are driving large special assessments across the state.
The Default Split Between Association and Owner
Section 718.113 makes the association responsible for maintaining, repairing, and replacing the common elements.1Florida Senate. Florida Code 718.113 – Maintenance; Limitation Upon Improvement; Display of Flag; Hurricane Protection; Display of Religious Decorations Common elements are all portions of the property not included within the individual units.2The 2025 Florida Statutes. Florida Code 718.103 – Definitions In an average building, that means the roof, exterior walls, elevators, hallways, lobbies, the pool, parking structures, and every structural component.
The unit owner picks up everything inside the unit boundaries, which are typically the interior surfaces of the perimeter walls, floors, and ceilings. Interior finishes, appliances, water heaters, individual air-conditioning equipment, cabinetry, and floor coverings are all on the owner.
Limited common elements sit in the middle. These are common elements reserved for the exclusive use of one or a few units, such as balconies, patios, storage lockers, or assigned parking.2The 2025 Florida Statutes. Florida Code 718.103 – Definitions If the declaration says nothing about who maintains them, the association pays as a common expense.1Florida Senate. Florida Code 718.113 – Maintenance; Limitation Upon Improvement; Display of Flag; Hurricane Protection; Display of Religious Decorations Many declarations, though, assign that cost to the owner who benefits from the space.
Why the Declaration of Condominium Controls
The Declaration of Condominium is the document that actually decides most repair disputes. It takes precedence over the general statutory language unless the statute explicitly bars modification.3The 2025 Florida Statutes. Florida Code 718.113 – Maintenance; Limitation Upon Improvement; Display of Flag; Hurricane Protection; Display of Religious Decorations Declarations routinely push items onto owners even when the component sits outside the unit boundary. Plumbing lines serving only your unit, water heaters buried in a utility closet, individual HVAC condensers on the roof, electrical panels, balcony waterproofing, screen enclosures — any of these can be your responsibility depending on how the document is written.
Before you accept a bill or concede a fight, pull the declaration and read the maintenance section. The rules of thumb people trade at board meetings and in hallway conversations are wrong as often as they are right. The declaration is the only document that controls.
Insurance and Repairs After a Casualty
The association must carry property insurance covering all portions of the condominium property as originally installed, including common elements and the building structure.4Justia. Florida Code 718.111 – The Association When insured property is damaged, the association reconstructs, repairs, or replaces it as a common expense. Property insurance deductibles and losses above policy limits are also common expenses, spread across all owners.
Association coverage does not touch your personal property, your furniture, your appliances, or improvements you made beyond the original specifications. That is what an HO-6 policy is for, along with loss assessment coverage in case the association’s insurance falls short and it passes the gap through. Some declarations require owners to carry a minimum HO-6 limit, so check yours.
After a hurricane, the association files its claim and manages structural and common-element reconstruction, while each owner handles their own interior through their own policy. The seam between the two coverages, sitting at the unit boundary the declaration defines, is one of the most litigated areas in Florida condo law.
Milestone Inspections for Older Buildings
Florida requires milestone inspections for any residential condominium building three habitable stories or higher. A milestone inspection is a structural assessment by a licensed architect or engineer, examining load-bearing elements and primary structural systems to determine whether the building is structurally sound and safe.5The Florida Statutes. Florida Code 553.899 – Mandatory Structural Inspections for Condominium and Cooperative Buildings
Timing is tied to the age of the building, measured from the certificate of occupancy:
- The first milestone inspection is due by December 31 of the year the building turns 30, with follow-up inspections every 10 years.5The Florida Statutes. Florida Code 553.899 – Mandatory Structural Inspections for Condominium and Cooperative Buildings
- The local enforcement agency may require the first inspection at 25 years, with 10-year follow-ups, based on local environmental conditions including proximity to salt water.6Florida Senate. Florida Code 553.899 – Mandatory Structural Inspections for Condominium and Cooperative Buildings
A common misconception is that the 25-year rule applies automatically to every building within a fixed distance of the coast. The statute gives local enforcement agencies discretion to impose the earlier deadline; whether your building faces it depends on the local jurisdiction, not on a set number of miles.
Buildings that reached 30 years of age before July 1, 2022 had to complete their initial milestone inspection by December 31, 2024. Buildings that reached 30 between July 1, 2022 and December 31, 2024 had until December 31, 2025. Both deadlines have now passed, so any qualifying building that has not been inspected is out of compliance.
The association arranges and pays for the inspection as a common expense. Costs typically run from around $8,000 to $25,000 depending on the building’s size and complexity, and larger or more deteriorated structures can exceed that.
Reserve Studies and the End of Waivers
Buildings three stories or higher must also obtain a Structural Integrity Reserve Study (SIRS) at least every 10 years, performed or verified by a licensed engineer or architect. It has to identify the estimated remaining useful life and replacement cost of specific structural components:5The Florida Statutes. Florida Code 553.899 – Mandatory Structural Inspections for Condominium and Cooperative Buildings
- Roof
- Load-bearing walls
- Foundation
- Fire protection systems
- Plumbing
- Electrical systems
- Waterproofing
The SIRS is a financial planning tool as much as an engineering document. It tells the association how much to set aside each year so that when a roof or plumbing riser reaches the end of its useful life, the money exists. The study must include a funding plan that keeps the reserve balance above zero in each budget year.
For budgets adopted on or after December 31, 2024, associations subject to a SIRS can no longer let owners vote to waive or reduce reserve funding for the structural components identified in the study.7The 2025 Florida Statutes. Florida Code 718.112 – Bylaws For years, associations routinely voted to underfund or skip reserves, which is a large part of how some buildings reached critical disrepair. SIRS-based funding must begin no later than January 1, 2026. Owners can still adjust reserves for non-structural items; the structural components in the SIRS are off the table.
Reserve funds and any interest they earn can only be used for the components they were designated for.
Special Assessments and What Happens If You Don’t Pay
When reserves fall short of a major expense, and during the transition to full funding they often will, the board can levy a special assessment against all unit owners. Boards generally hold that authority on their own, though some declarations require a unit owner vote above a set dollar threshold. Funds must be used only for the stated purpose, and owners must get adequate notice. Building-wide concrete restoration or a full roof replacement can easily produce five- or six-figure assessments per unit.
A unit owner is liable for all assessments that come due while they hold title, regardless of how they acquired the unit, including through a foreclosure sale or deed in lieu of foreclosure.8Florida Senate. Florida Code 718.116 – Assessments; Liability; Lien and Priority; Interest; Collection The association holds a lien on each condominium parcel to secure payment, and that lien relates back to the recording of the original declaration. The association can record a claim of lien and ultimately foreclose on the unit for nonpayment. The lien also secures interest, late fees, and the association’s collection-related attorney fees.9Florida Senate. Florida Code 718.116 – Assessments; Liability; Lien and Priority; Interest; Collection
A recorded claim of lien expires after one year unless the association files a foreclosure action within that window. An owner who wants to force the issue can file a Notice of Contest of Lien, which compresses the association’s deadline to sue to 90 days.
When You Disagree With the Association
Repair-responsibility disputes are common when the declaration is ambiguous about a particular component. Section 718.1255 provides for mandatory nonbinding arbitration through the Division of Florida Condominiums, Timeshares, and Mobile Homes within the Department of Business and Professional Regulation.10Florida Senate. Florida Code 718.1255 – Alternative Dispute Resolution; Voluntary Mediation; Mandatory Nonbinding Arbitration; Legislative Findings It is faster and cheaper than court, and it covers disputes about board authority, meeting procedures, and document access.
The catch: the statute explicitly excludes claims for damages to a unit based on the association’s alleged failure to maintain common elements or condominium property.10Florida Senate. Florida Code 718.1255 – Alternative Dispute Resolution; Voluntary Mediation; Mandatory Nonbinding Arbitration; Legislative Findings If a roof the association failed to fix leaks into your unit and wrecks the interior, that claim goes straight to circuit court. The same exclusion covers disputes about assessment amounts and collection. The biggest repair fights, the ones with real money and real property damage, tend to bypass arbitration entirely.
How Repair Problems Affect Selling and Financing
Deferred maintenance and underfunded reserves can make units in a building effectively unmortgageable. Fannie Mae and Freddie Mac require that a condominium association’s budget allocate at least 10% of total annual assessment income toward reserves for capital expenditures and deferred maintenance. If the association falls below that threshold, additional documentation such as a recent reserve study with an adequate funding plan may be needed to qualify. Fannie Mae also requires lenders to flag significant deferred maintenance or major litigation that could affect a project’s eligibility.11Fannie Mae. Full Review Process
When a building has known structural problems or an active special assessment for major repairs, buyers often struggle to obtain conventional financing. That drives resale prices down. Buyers typically discount their offers by at least the full amount of any pending or active assessment, and often more to account for uncertainty about future costs.