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FL Statute 718 • Condo Act • SB 4D • Miami-Dade

Florida Statute 718 and Water Damage: What Condo Owners Must Know

Florida Statute 718 — the Florida Condominium Act — governs who is responsible for water damage in a condo, who must insure what, and what changed in 2022 with SB 4D and the new structural inspection requirements. If you live in a Miami condo, this law directly affects your water damage rights and options.

What does FL Statute 718 say about water damage responsibility?

Section 718.111(11) requires the association to insure all portions of the condominium property as originally installed — including common elements, limited common elements, and the building structure. Unit owners are responsible for improvements, personal property, and content. The exact boundary is determined by the recorded Declaration of Condominium, which can expand or restrict the statute baseline.

Key FL Statute 718 Provisions for Water Damage

Statute SectionWhat It CoversImpact on Water Damage
718.111(11)Association insurance requirementsHOA must insure original building to replacement cost; unit owner covers improvements above original
718.111(10)Maintenance and repair responsibilityAssociation maintains common elements; unit owner maintains unit interior; duty to report known leaks
718.113Maintenance, repair, replacementEstablishes HOA duty to maintain roof, exterior walls, floors between units, and structural components
718.116Assessments and enforcementHOA can special-assess unit owners for repair costs caused by owner negligence

SB 4D (2022): What Changed for Miami Condos

Senate Bill 4D, effective May 2022, requires milestone structural inspections for condos 3 stories or higher within 30 years of original certificate of occupancy (or 25 years if within 3 miles of the coastline). This affects water damage because: (1) structural inspection reports may reveal ongoing water infiltration issues previously unknown; (2) buildings that fail inspection may be required to vacate units; (3) reserve funding requirements increased, which affects how HOAs can pay for water damage remediation.

Miami-Dade County requires Recertification of Buildings at 40 years (and every 10 years thereafter) — separate from SB 4D — and water damage history is part of the structural assessment review.

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FAQ

Florida Statute 718 Water Damage FAQs

Can an HOA deny responsibility for water damage from a common element in Miami?

Generally no — if the damage originated from a common element (shared plumbing riser, roof, exterior wall), the association is responsible for the original finishes under FL Statute 718.111. However, HOAs frequently dispute scope or claim unit owner negligence. The practical defense is early, thorough documentation that establishes the source as a common element — thermal imaging and leak detection reports are far more effective than arguments made months later.

What does FL Statute 718 say about emergency repairs?

Section 718.111 allows the association to take emergency action to prevent further damage to common elements or the building. However, this does not give the HOA authority to enter a unit and begin remediation without notice except in a true emergency where the unit owner cannot be reached and delay would cause material harm. Written notice and access log are required.

How does SB 4D affect water damage claims in Miami condos?

SB 4D structural inspections may document existing water damage or infiltration that the HOA is then required to remediate. This can trigger simultaneous insurance claims, special assessments, and potential unit evacuation requirements. For individual unit owners, a building that has failed an SB 4D inspection and has documented structural water damage may face Citizens and private insurer non-renewal — another reason to address water damage promptly with certified documentation.

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