Default rule and exceptions
Maintenance of the common elements is the association's responsibility, except for limited common elements assigned to the unit owner by the declaration, but a unit owner is financially responsible for repair/replacement costs not covered by insurance if the damage was caused by the owner's (or their family/tenant/guest's) intentional conduct, negligence, or failure to comply with the declaration or rules (Fla. Stat. §§718.113(1), 718.111(11)).
| Party | What they are responsible for |
|---|---|
| Association (common elements) | Maintains, repairs, and replaces the common elements, except limited common elements assigned to the unit owner by the declaration. |
| Unit owner | Pays repair or replacement costs not paid by insurance proceeds when the damage was caused by intentional conduct, negligence or failure to follow the declaration or rules by the owner, family members, unit occupants, tenants, guests or invitees. |
| Exceptions | The declaration may assign maintenance of limited common elements to the unit owner; A unit owner pays the uninsured repair cost when the owner, family members, occupants, tenants, guests or invitees caused the damage through intentional conduct, negligence or a rules violation |
What the source says
Last verified against the primary source on Oct 28, 2026.
Maintenance of the common elements is the responsibility of the association, except for any maintenance responsibility for limited common elements assigned to the unit owner by the declaration.
the costs of repair or replacement of any portion of the condominium property not paid by insurance proceeds if such damage is caused by intentional conduct, negligence, or failure to comply with the terms of the declaration or the rules of the association by a unit owner, the members of his or her family, unit occupants, tenants, guests, or invitees, without compromise of the subrogation rights of the insurer.
Read who pays when water leaks from the unit above and the general HOA and condo repair rules.
Common questions
Who pays for condo: water damage / component repair in Statewide, FL?
It depends on the specific facts. Maintains, repairs, and replaces the common elements, except limited common elements assigned to the unit owner by the declaration.
Are there exceptions in Statewide, FL?
The declaration may assign maintenance of limited common elements to the unit owner; A unit owner pays the uninsured repair cost when the owner, family members, occupants, tenants, guests or invitees caused the damage through intentional conduct, negligence or a rules violation
What is this based on for Statewide, FL?
This verdict is sourced to The Florida Statutes: 718.113 Maintenance; limitation upon improvement... and 2 sources in total, each independently re-checked before publication.
Sources
- The Florida Statutes: 718.113 Maintenance; limitation upon improvement...statute · verified-primary · accessed 2026-10-28
- The Florida Statutes: 718.111 The associationstatute · verified-primary · accessed 2026-10-28
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