Florida SB 1196 went into effect in July 2010 and clarifies several issues relating to condominium insurance requirements. Prior to the measure's enactment, some revisions to the Florida condo insurance law had created confusion about matters relating to condominium insurance requirements in the state. The 2010 law stipulates that condominium associations are not responsible for monitoring acquisition by condo owners of home owner's insurance. Also, condo owners are responsible for arranging home owner's insurance on their units.
No Force Placement by Condo Associations
Before the recent revision to the law went into effect in July 2010, confusion existed about whether condo associations were supposed to monitor and enforce the purchase of home owner's insurance by condo owners. The Florida condo insurance law clearly spells out that homeowners associations are not responsible for enforcing home owner's insurance requirements for condo owners. If a condominium board wants to be empowered to enforce a requirement that owners have homeowner’s insurance, the board should amend its governing documents to give it this right.
Condo Owners Responsible for Homeowner's Insurance
The law states that condo owners are to get property insurance coverage that covers their individual units and personal property within the units. This coverage should extend to the individual unit’s floors, walls, furniture and fixtures, appliances and other personal property within the unit. As well, the property insurance must provide for $2,000 in property loss assessment coverage, as of July 2010, to cover loss assessments to the common elements of the condo building.
All reconstruction work that is undertaken after a loss to the property is to be the responsibility of the condo association. Condo owners are responsible for the cost of reconstruction of the parts of the condo property for which they carry condo insurance, and if the condo association carries out any reconstruction work related to those parts, it can charge the condo owner for the work. If a condo unit owner wishes to undertake reconstruction work on parts of his unit himself, he will have to get the written consent of the board to do this. And such consent involves approval of the repair methods and qualifications of the contractor.