Who Pays for Condo Repairs in Florida? Association vs. Unit Owner Responsibilities, Explained

Condo maintenance responsibilities in Florida are split between the condo association and each owner. The line is not always where people expect. State law sets the basic rule, and your building's declaration fills in most of the details. That is why two condos on the same street can handle AC units, windows or balconies in different ways. This guide explains the law, the usual splits, what happens when water leaks between units, and how the newer condo safety laws affect costs for buyers and sellers.

Key takeaways

• Under section 718.113, the association keeps up the common elements, except for limited common elements the declaration gives to owners.
• The building's property policy must leave out items such as floor, wall and ceiling coverings, appliances, water heaters, built-in cabinets and counters, and blinds and drapes. Owners cover those.
• Deductibles and losses above coverage are usually shared by all owners, unless one owner's carelessness or rule breaking caused the damage.
• Buildings three or more living stories tall need milestone inspections and a structural integrity reserve study (SIRS).
• For budgets adopted on or after Dec. 31, 2024, owners cannot vote to waive or cut the required reserves for SIRS items.

Condo maintenance responsibilities in Florida start with the declaration

Every Florida condo has a declaration of condominium. It says what is part of each unit and what is shared. So it is the first place to look when you want to know who fixes something.

Also check the bylaws and rules. Together these are your condo docs. If they are silent or unclear, the condo law in Chapter 718 of the Florida Statutes sets the default.

What the law says about common elements

Section 718.113(1) is short and clear. The association must keep up the common elements. The one exception is limited common elements that the declaration hands to the owner. Common elements often include the roof, the main structure, halls, elevators, the pool and the grounds.

Limited common elements

Limited common elements serve only one unit or a few units. A balcony, a parking space, a storage locker or the AC pad outside a unit are good examples. The docs can make the owner keep these up, or they can leave the job with the board. When the board does the work, it can split the cost among all owners or charge only the owners who use that space.

Typical Florida condo maintenance responsibilities by item

Every building is different, but some patterns are common. Here is how the split often works. Still, your own docs have the final word.

Inside your unit

Owners usually handle what is inside the unit's walls. That means floors, paint, cabinets, counters, appliances, inside doors and light fixtures. State law backs this up, because the building's policy must leave those items out. So if your own HO-6 policy would cover it, you probably fix it too.

Windows, doors and balconies

These items vary the most. In some buildings, windows and sliding doors are part of the unit, so owners replace them. In others they are shared, so the board does. Balconies are often limited common elements. That can mean the board fixes the concrete while the owner keeps up the tile or screens. Read the exact wording before you assume.

Air conditioning equipment

AC systems cause a lot of disputes. In many Florida condos, each unit has its own air handler and condenser, and the owner pays to fix them. However, some buildings use a central system run by the board. Also, the lines and pads that serve a unit may be limited common elements. So ask the manager how your building handles AC before you buy or sell.

Pipes, wiring and the walls between

Pipes and wires are tricky too. A pipe that serves only your unit may be your job, even if it runs inside a wall. A main line that serves the whole stack is often the board's. The docs usually say where the unit ends, such as the unfinished drywall or the slab. That line decides a lot of repair bills.

Water leaks between units and Florida condo maintenance responsibilities

Leaks are the most common fight in Florida condos. A water heater fails upstairs, or a pipe bursts in a wall, and two or three units get wet. Who pays depends on where the leak started, the policies in place and your docs.

Under section 718.111(11), deductibles and damage above the building's policy limits are usually shared by all owners. But there is a big exception. An owner pays for repairs that insurance does not cover if the owner, their family, tenants or guests caused the damage on purpose or through carelessness. The same goes for damage caused by breaking the docs or rules.

So if you ignore a slow leak under your sink and it soaks the unit below, you may owe for repairs that insurance does not pay. On the other hand, if a shared pipe fails and no one is at fault, the board and its policy usually handle the building's share.

Insurance and the items owners must cover

The law lists what the building's policy must leave out. The list covers floor, wall and ceiling coverings, light fixtures, appliances, water heaters, water filters, built-in cabinets and counters, and curtains, drapes and blinds. Your own things inside the unit are left out too.

Because of this, every owner needs an HO-6 policy for those items. Our guide to Florida condo insurance explains how to match your policy to the building's master policy.

Hurricane protection and condo maintenance responsibilities in Florida

Section 718.113(5) sets statewide rules for storm protection in condos. The board must adopt specs for shutters, impact glass and similar products that meet the building code. With the required vote, the board can put in storm protection or make owners do it.

The law also protects owners who already did the work. If your shutters or windows meet the board's specs, the board usually cannot make you replace them until they wear out, unless it is needed to prevent damage. And if the board has to take down and put back your shutters to fix other parts of the building, you do not pay for that.

How the condo safety laws shift Florida condo maintenance responsibilities

After the 2021 Surfside collapse, Florida rewrote parts of its condo law. The changes put more of the cost of long-term repairs on today's owners. They also added new items buyers get to see.

Milestone inspections

Under section 553.899, condo and co-op buildings three or more living stories tall need milestone inspections. The first is due by Dec. 31 of the year the building turns 30, or 25 if local conditions call for it. After that, they repeat every 10 years. If an inspection finds problems, the board must plan and pay for repairs. Often that means a special assessment.

Structural integrity reserve studies

Section 718.112 calls for a SIRS on each building three or more living stories tall. The study must cover the roof, the main structure and load-bearing walls, fire protection, plumbing, wiring, waterproofing and outside paint, and windows and outside doors. It also covers other costly items if their failure would affect that list.

For budgets adopted on or after Dec. 31, 2024, owners in an owner-run building cannot vote to skip or cut reserves for those items. In 2025, HB 913 set Dec. 31, 2025 as the deadline for older buildings to finish a SIRS. It also let boards fund reserves with special assessments, lines of credit or loans. As a result, many owners in Palm Beach County now pay higher fees or new assessments.

Condo maintenance responsibilities for Florida sellers and buyers

For sellers, the split matters for price and for what you must tell buyers. Buyers will ask about the milestone inspection, the SIRS, reserve balances and any special assessment. If you know about a planned assessment or a leak fight, bring it up early. Clear answers help a deal hold together. Our post on what HOA fees cover can help you explain the monthly dues.

For buyers, the key is to read before you commit. Ask for the declaration, the budget, the milestone inspection summary if one applies, the latest SIRS and recent board minutes. Then check who fixes windows, balconies and AC in that building. A high-rise in Highland Beach or West Palm Beach can carry very different costs than a low-rise garden condo nearby.

Frequently asked questions

Who pays for a leak from the unit above?

It depends on the cause. Damage above the building's policy is usually shared by all owners. But an owner whose carelessness or rule breaking caused the leak can owe what insurance does not pay. Items inside your unit fall to your own HO-6 policy.

Are condo maintenance responsibilities in Florida set by state law or the association?

Both. Chapter 718 sets the default rules and some fixed duties, such as upkeep of common elements. Your docs then assign limited common elements and fill in the details.

Do I pay for my own AC unit?

In many Florida condos, yes. The docs often make each owner pay for the equipment that serves their unit. However, some buildings use a central system run by the board, so check your docs.

Can the association make me install hurricane shutters?

Yes, with the required vote, and the protection must meet the board's specs. If you already put in shutters or impact glass that meet those specs, the board usually cannot make you replace them until they wear out.

Sources

• Florida Statutes, s. 718.113 maintenance and hurricane protection
• Florida Statutes, s. 718.111 insurance
• Florida Statutes, s. 718.112 reserves and SIRS
• Florida Statutes, s. 553.899 milestone inspections
• Florida House, HB 913 (2025) final bill analysis

This article is general information, not legal advice. Condo docs and laws vary, so ask a Florida real estate attorney about your building.

Selling a condo? Book a no-obligation listing consultation, and we will help you gather the inspection, reserve and insurance records buyers ask for. Schedule a consultation or get a free home value report. Buying a condo instead? Our agents can help you read the docs and compare buildings before you make an offer.