In a Florida condominium, the association’s master property insurance policy and the unit owner’s HO-6 policy are designed to cover different parts of the property. The association generally insures the condominium property and common elements that Florida law requires it to cover, while the unit owner’s HO-6 policy generally covers personal property and certain portions of the individual unit that are excluded from the association’s required coverage.
Understanding this division is especially important when a roof leak, hurricane, fire, or other covered event damages both the building and the inside of a condominium unit.
What Does the Association’s Master Policy Cover?
Florida Statute §718.111 requires condominium associations to maintain adequate property insurance. The association’s policy must generally provide primary coverage for the condominium property as originally installed, or replacement of like kind and quality, according to the original plans and specifications. It also covers qualifying alterations or additions made to condominium or association property.
For example, if a covered roof loss damages portions of the building that fall within the association’s insurance responsibility, the association’s master policy is generally the primary property coverage for those components.
The association’s insurance can also include coverage for common elements, association property, and other property required by Florida law or the condominium’s governing documents.
What Does the HO-6 Policy Cover?
A condominium unit owner’s HO-6 policy is designed to cover property and risks that fall outside the association’s master policy.
Florida law specifically requires certain property within a unit to be excluded from the association’s required property coverage. This includes:
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Personal property
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Certain floor, wall, and ceiling coverings
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Electrical fixtures
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Appliances
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Water heaters
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Water filters
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Built-in cabinets and countertops
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Window treatments
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Certain replacements of these items
Florida law places responsibility for this excluded property and its insurance on the unit owner.
An HO-6 policy may also provide personal liability coverage, loss-of-use coverage, and additional coverage depending on the policy. The exact protection depends on the individual policy, endorsements, deductibles, and exclusions.
What Happens When a Roof Leak Damages a Condo?
Consider a situation where a common-element roof develops a leak during a storm.
The damage might involve several different categories:
Roof membrane → Association/master policy
Common building components → Association/master policy
Unit owner’s furniture and belongings → Usually HO-6
Certain interior finishes and fixtures → Depends on statutory responsibility, declaration, and policies
The association should first determine the source of the leak and document the damage. The unit owner should also promptly notify their HO-6 insurer when appropriate.
The two policies are not necessarily competing policies. They can cover different portions of the same overall loss.
Who Repairs the Property?
Florida law generally provides that reconstruction after a property loss is undertaken by the association, except as otherwise authorized by statute. A unit owner may undertake reconstruction of portions of the unit with prior written consent from the board.
The statute also provides that unit owners are responsible for reconstruction costs for portions of condominium property for which the owner is required to carry property insurance or is otherwise responsible under applicable law.
This is why an association should not simply tell an owner, “Call your insurance company,” without first determining what portion of the property is the association’s responsibility.
What About the Insurance Deductible?
The association’s master policy may have a substantial deductible, particularly for wind or other high-risk losses.
Under Florida condominium law, property insurance deductibles and damages exceeding the association’s insurance coverage are generally common expenses, subject to statutory exceptions.
However, a unit owner can become financially responsible for certain repair or replacement costs not covered by insurance when the damage results from the owner’s intentional conduct, negligence, or violation of the condominium declaration or association rules, including conduct by certain occupants, tenants, guests, or invitees.
Therefore, the question of who pays the deductible cannot always be answered simply by saying “the association.”
What If Both Policies Apply?
A single loss can involve both policies.
For example, a roof leak could damage:
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The roof itself
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Insulation or other building components
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Drywall or other covered portions of the unit
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Flooring
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Cabinets
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Furniture
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Electronics
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Clothing
The association’s policy may address the property it is required to insure, while the owner’s HO-6 policy may address personal property and other excluded items.
Insurance companies may also coordinate claims, investigate causation, apply deductibles, and determine coverage based on their respective policies.
The policy language matters. The association and unit owner should not assume that a particular item is covered—or excluded—without reviewing the applicable policy.
Does the Condominium Declaration Matter?
Yes.
Florida law establishes minimum insurance responsibilities, but the condominium declaration and bylaws can contain additional provisions affecting maintenance and responsibility.
For example, Florida law permits certain freestanding condominium buildings to be treated differently when the declaration requires the unit owner to obtain adequate insurance for the condominium property.
The board should therefore review the declaration, insurance policies, and applicable statutes before making a final determination about responsibility.
What Should the Association Do After a Roof Leak?
A good response should be prompt and well documented:
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Investigate the source of the water intrusion.
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Protect the building from additional damage.
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Photograph and document affected areas.
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Notify the association’s insurer when appropriate.
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Notify affected owners so they can contact their HO-6 insurers.
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Determine which property falls under each insurance responsibility.
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Review the deductible and applicable policy provisions.
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Arrange necessary roof repairs.
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Coordinate building reconstruction and interior restoration.
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Maintain records of the claim, repairs, and costs.
A professional roofing inspection can help establish whether the problem originated in the roof, flashing, drainage system, or another building component.
Why This Matters for Condominium Roof Claims
A roof leak can quickly become an insurance and responsibility dispute if the association and unit owners do not understand the difference between the master policy and HO-6 coverage.
The association generally should not expect the unit owner’s HO-6 policy to replace the association’s responsibility for a common-element roof. Conversely, a unit owner should not assume that the association’s master policy covers personal belongings or every interior component inside the unit.
Key Takeaway
The association’s master policy generally provides primary coverage for the condominium property and common elements that the association is required to insure, while the unit owner’s HO-6 policy covers personal property and other portions of the unit that Florida law places on the owner. Florida Statute §718.111 specifically establishes this division of insurance responsibility.
When a roof leak affects a condominium unit, the association should investigate and address the common-element roofing problem while the unit owner should notify their HO-6 insurer regarding property and coverage that falls under the owner’s responsibility.
Because insurance policies, declarations, deductibles, and individual circumstances vary, significant or disputed claims should be reviewed with the association’s insurance professional and legal counsel.
For Florida condominium associations, Shieldline Roofing can assist with roof leak investigations, emergency repairs, roof condition assessments, restoration, and replacement planning, providing the technical documentation needed to help the association and its insurers understand the roofing portion of a claim.
Related Questions
- How should an association handle unit owner damage claims from roof leaks?
- Who is responsible for a roof leak into a condo unit — association or owner?
- How should roof decisions be documented in association board minutes?
- What is the board’s fiduciary duty regarding roof maintenance and reserves?
- Can a Florida condominium association still waive roof reserves?
- How are special assessments for roof replacement approved by an association?
- Does commercial property insurance cover mold resulting from a roof leak?
- Does My Policy Cover Hurricane Damage to My Commercial Roof?
- Can an association finance a roof replacement with a bank loan?
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