Florida Statute 718: Water Damage in Condos – What You Need to Know

When you own a condominium in Florida, water damage can feel like a looming concern. You might hear about Florida Statute 718: Water Damage in Condos and wonder exactly what it covers and how it protects you. After all, you want to know your responsibilities, your rights, and what you can do to ensure your condo remains safe and structurally sound. By understanding the details of Florida Statute 718, you place yourself in the best position to respond to water damage quickly and effectively.

In the sections below, you’ll learn how this statute defines responsibilities, who bears the costs, and how to navigate the legal framework when water issues arise. You’ll also discover best practices for preventing and handling mold or other moisture-related issues. Once you familiarize yourself with these guidelines, you’ll be prepared to handle potential water damage more confidently.

Understanding Florida Statute 718 for Water Damage

Florida Statute 718 is part of the state’s condominium law, and it lays out the rights and obligations of condo owners and condo associations. You’ll find it addresses topics such as association governance, assessments, maintenance, and repair responsibilities. But at its core, it helps establish clarity about who takes care of what, especially when unexpected property damage occurs.

When water damage strikes, whether from a burst pipe, a plumbing leak, or an external source like heavy rainfall, the statute often becomes your go-to reference. It sets forth the allocation of responsibilities between you (the unit owner) and the condominium association, reducing the risk of confusion and disputes.

Defining Common Areas vs. Unit Boundaries

One key aspect of Florida Statute 718 is how it distinguishes between common elements and individual unit property. In many cases:

• Common elements include hallways, exterior walls, roofs, and other areas shared by everyone in the building.
• Unit property generally encompasses everything inside the walls of your specific condo—like paint, flooring, and interior fixtures.

This distinction matters because if a leak originates in a common area, you may expect the association to take care of repairs, including fixing the damaged section. Conversely, if water damage stems from something within your unit boundaries—perhaps a faulty dishwasher hose—maintenance typically becomes your responsibility.

Who Is Responsible for Costs?

Florida Statute 718 also addresses financial responsibility. Generally, if the water damage starts or spreads through common elements, the association may be liable for the costs of repairs to those common areas. Meanwhile, you would handle the cost of your personal property or any upgrades you’ve made to your condo’s interior finishes.

However, there are exceptions. If you fail to maintain or repair an element within your unit (for example, ignoring a slow leak in your washing machine), and this causes damage to a common area or another unit, you could be responsible for covering certain repair costs. In other words, the law aims to ensure that each party bears the cost when the issue arises from that party’s area of responsibility or negligence.

Typical Sources of Water Damage in Condos

Understanding where and how water damage commonly occurs can help you protect your own condo proactively. While the rules of Florida Statute 718 dictate how costs and responsibilities are divided, you can do a lot to prevent frustrating and expensive incidents.

1. Plumbing Leaks: Over time, pipes can corrode, weaken, or burst. You might spot unexplained puddles, damp drywall, or a persistent musty odor.
2. HVAC Issues: Air conditioners and drain lines can develop clogs, leading to leaks that travel behind walls.
3. Roof or Window Leaks: Even a small crack around your windows or a minor gap on the roof can let in rainwater, especially during Florida’s frequent storms.
4. Appliance Failures: Dishwashers, washing machines, and even refrigerators with water dispensers can release large amounts of water if their hoses fail.

The Role of Your Condo Association

Your association has certain obligations under Florida Statute 718. They must maintain the building’s common elements, carry insurance for those common elements, and ensure that proper repairs happen in a timely manner. Ideally, that means once you report a potential leak in a common area, they promptly investigate the issue and arrange for repairs.

Reporting and Communication

You’ll want to maintain open lines of communication with your association. If you discover a problem that extends beyond your walls, promptly reporting it can speed up the repair process and prevent further damage.

Some associations provide an online portal or a designated email address to handle maintenance requests, which can simplify and streamline the process. If you must communicate by phone, following up with an email is wise. That way, you have a written record of your request, a crucial step if the issue ever escalates into a legal dispute.

Your Responsibilities as a Condo Owner

Although the association has its roles, you have important responsibilities as well. The statute typically requires you to maintain the interior of your condo, address any minor leaks or issues swiftly, and repair damage that originates within your unit.

Regular Inspections and Maintenance

You can minimize your risks by conducting regular inspections. Check your appliances for any worn hoses, inspect under sinks for signs of leaks, and be mindful of your water bill. A sudden spike could indicate a hidden leak somewhere within your condo.

When you do find something amiss, addressing it quickly can save you from bigger headaches. If, for instance, you notice mold spots forming near the base of your wall, investigate immediately. A slow leak could be running undetected. The longer it lingers, the more extensive any mold or structural damage could become.

Dealing with Mold and Other Health Concerns

In Florida’s humid climate, water issues can lead to mold growth within days. Mold doesn’t merely pose an aesthetic problem; it can also trigger allergies, respiratory issues, and other health concerns. You have the right to a habitable living space, but you must also act promptly to remediate mold growth.

Who handles mold remediation costs?
It depends on the source of the moisture. If the leak stems from the common area, the association often covers the repairs of that common area. You may still be responsible for dealing with mold on your personal belongings or any upgraded finishes. If water comes from a pipe or appliance within your unit, you typically shoulder the financial burden of fixing both the leak and the resulting mold.

Filing an Insurance Claim

Another layer of protection often comes from insurance policies. Your condominium association should carry a master policy that covers the building’s structure and common areas, while you maintain a homeowner’s (HO-6) policy for your personal property, interior finishes, and any upgrades.

Coordinating With the Association’s Insurance

When water damage occurs, you’ll likely have to coordinate with the association’s insurance adjuster, especially if you believe the source was a common element. You’ll provide details of the incident, photographs, and any estimates for repair or remediation.

Filing Your Own Claim

If the loss primarily affects your unit, you’ll file through your own HO-6 policy. Your insurance company may work with the association’s insurer to determine liability. Regardless of the outcome, prompt filing helps speed up the investigation and resolution.

Navigating Disputes and Legal Options

Sometimes, confusion arises about whether the water intrusion started from a common element or from within your unit. Perhaps you and your association disagree about who should fund the repair. In these cases, Florida Statute 718 can be the reference point, but you might also consider professional mediation or legal counsel.

Mediation First

Mediation or arbitration can be a simpler, less adversarial process than going straight to a lawsuit. You and your association may present your perspectives, and a neutral party helps you reach a resolution. This step can save time and money while keeping relationships between you and the association more cordial.

Considering Legal Counsel

If a dispute escalates, contacting an attorney who specializes in condominium law can be beneficial. They’ll interpret Florida Statute 718 in relation to your situation and advise you on the best course of action. Sometimes, a strongly worded letter can be enough to settle the matter without a lengthy court battle.

Preventing Water Damage in the Future

The best scenario is to avoid damage altogether. While you can’t control everything—especially hurricanes or storms—you can still mitigate risks.

1. Stay Proactive: Regularly inspect your appliances, plumbing, and around windows.
2. Keep Humidity in Check: Invest in dehumidifiers, especially if your condo faces repeated dampness.
3. Engage the Association: If you see a potential issue in a hallway or shared space (like a leak in the roof), notify the association immediately. Early detection can prevent large-scale problems.
4. Maintain Proper Insurance: Make sure your own coverage is up to date, and understand what it covers. Familiarize yourself with your policy’s limits and deductibles before you face a crisis.

Your Next Steps: Staying Informed and Protected

Owning a condo in Florida offers countless advantages—from beautiful surroundings to the ease of shared maintenance. Yet, water damage can quickly turn convenience into chaos if you aren’t prepared. By knowing your responsibilities under Florida Statute 718: Water Damage in Condos, you take a significant step toward protecting your investment and ensuring a safe home.

You’ve learned the importance of identifying the root cause of water issues, handling them promptly, and understanding the division of financial responsibility. You’ve also seen how to navigate insurance claims and potential disputes. When in doubt, remember that Florida Statute 718 aims to clarify these situations and outline the obligations of both individual owners and associations.

Focus on prevention whenever possible. Regular inspections and prompt repairs are your best friends when it comes to heading off extensive water damage. And if you find yourself at a crossroads over who should pay or repair, rely on open communication and the legal guidelines provided by the statute.

By leveraging these insights, you stay informed, prepared, and empowered. After all, your condo is a prized possession—one you’ll protect more effectively by understanding your rights and obligations under Florida Statute 718.