Albert Moore, Attorney at Law

What Does The Florida Condominium Act Say About Who Is Responsible For Repairs To Public Areas?


Most associations do not have actual public areas. They have common areas that are open to the members of the association, but not the general public. According to the statute and the governing documents, the association is responsible for the maintenance, repair, and replacement of items within the common elements of an association. The particular unit owners are responsible for anything within their unit, as defined in the declaration. There is also the issue of limited common areas, which are areas that not all the members can use but some of the members can use. The statute is silent on that issue, so we go to the governing documents to see who is responsible.

When Would The Condo Association Be Responsible For Repairs Inside A Condominium In Florida?

If the damage was caused by the association or there is a grey area of who is liable, then the association is responsible. If the damage was caused by the unit owner or by another unit owner, then the association is not under an obligation to repair it. In fact, they shouldn’t repair it because they would be spending money that they hold in trust for all the people in the association. They have a fiduciary duty to everyone and if it is not their obligation to repair or replace something within a unit, then doing so would be spending other people’s money when they shouldn’t be.

What Repairs Would A Unit Owner Be Responsible For Inside Their Property In A Florida Condo?

Anything that is damaged within the boundary of a unit, as defined by the declaration, is the owner’s responsibility. If you look at the declaration of condominium and the damage is within the unit, then the unit owner is responsible for the repair or replacement of those items. The exception is if the damage comes from another unit or from something that the association was responsible to maintain in the common areas. Typically speaking, the unit owner is responsible for damages within their unit.

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