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Breaking News Regarding Condominium Association's & The Unit Owner

By: Thomas M Kallman

Prior legislation dictated the responsibility of the unit owner as well as the master association with regard to who is responsible for what in the event of damage or other loss to the structure of the condominium unit. Thanks to recent legislation contained in statute 718.111 this is no longer a mystery as the new law applies to each and every association across the state regardless of its individual declarations. This takes effect on or after January 1 2004.

The new law clearly defines how the burden of loss will be assigned in the event that it occurs to condominium property outside of the unit, condominium property located inside the units as was originally installed, or replaced with like kind and quality as called for in the original plans of the association at the time the unit was conveyed to the unit owner , and any portions of the condominium property defined by the declarations which may have called for these items to be covered by master association coverage.

The new law clearly dictates that the following items are now the full responsibility of the individual unit owner and now excluded by the master policy:

Flooring, walls, ceilings, electrical fixtures, appliances, ac or heating units, water heaters & filters, countertops & cabinets, all window treatments, and any air compressors that service the individual unit owner regardless of whether they are located inside or outside the unit.

It is imperative that each condominium association stresses to their unit owners the need to purchase individual coverage to protect their own investments and avoid unwanted and needless conflict in the event of a loss to any part of the condominium. Leave the battle to the insurance carriers and they will sort out the responsibility to indemnify for a loss between them.

If you are a unit owner, please call your agent right away and request a condominium unit owner’s policy. If you are part of an association’s board of directors, advise your unit owners of this important change in the state statute at once.

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