# Florida Condo Water Damage: Who Pays | Who Pays the Repair?

> Florida condo law puts common-element repair on the association, but a negligent owner covers what the association's insurance doesn't under §718.113.

**Who pays:** depends

Florida's Condominium Act makes the association responsible for maintaining the common elements, but a unit owner pays repair costs that insurance does not cover when the damage was caused by intentional conduct, negligence or a rules violation by the owner, family members, occupants, tenants, guests or invitees (Fla. Stat. 718.113(1), 718.111(11)).

**Boundary:** 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)).

**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

## Sources
- [The Florida Statutes: 718.113 Maintenance; limitation upon improvement...](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/Sections/0718.113.html) — "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." (accessed 2026-10-28)
- [The Florida Statutes: 718.111 The association](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/Sections/0718.111.html) — "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." (accessed 2026-10-28)

_Last verified 2026-10-28. Source: Who Pays the Repair? — https://whopaystherepair.com/rules/florida-condo-water-damage-who-pays/ — every claim checked against a primary source before publication (see /methodology/)._