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Fl condo unit fire -major loss -who pays what Assoc. ins. or unit owner

Daytona Beach, FL |

Fire in furnace closet. Started in junction box (aluminum wiring) no fault of owner. Owner knows exactly what he's responsible for but Assoc. says ins. will only pay for drywall not the electrical or ac repair. We read latest Statute as Assoc. paying for elec & ac, too-can you tell us & thank you.

Attorney Answers 1

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Under the current statute, the unit owners are responsible for the cost of reconstruction of any portions of the condominium property for which the unit owner is required to carry property insurance, and any such reconstruction work undertaken by the association is chargeable to the unit owner and enforceable as an assessment pursuant to s. 718.116. This includes all personal property within the unit or limited common elements, and floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing which are located within the boundaries of the unit and serve only such unit. Such property and any insurance thereupon is the responsibility of the unit owner.

If the junction box is located within your unit and serves only your unit the association would not be responsible unless your Declaration of Condominium states otherwise or it says it is subject to "Fla. Stat. 718 as amended from time to time."

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.

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