Always Document — Florida Law Depends On It
Take photos/video immediately. Send written notice (email) to your condo association or HOA within 24 hrs. Keep a timestamped record of all communications. FL FS 718.111(11) requires associations to carry property insurance — your association's insurer and your HO-6 insurer will coordinate claims.
Your HO-6 (unit owner) policy covers personal property, upgrades above standard, and personal liability — including water damage you cause to other units. Don't assume the master policy protects you.
The "Original Installation" Rule
FL courts generally apply the rule that the association is responsible for plumbing that was part of the original construction of the building — even if it runs through or adjacent to a unit. If a 1970s copper pipe inside a wall between two units was part of original construction and serves multiple units, the association typically bears responsibility for its repair, regardless of whose floor plan it appears on.
This rule is critical when your association claims a pipe is "inside your unit — therefore your responsibility." If it was original construction serving multiple units, push back in writing, citing FL FS 718.108 and request a licensed plumber assessment.
FL FS 718.111(11) — Insurance Requirements
Florida law requires condo associations to carry property insurance covering the condominium property — original fixtures, plumbing, and equipment. Effective January 1, 2024, FL law requires associations with 3+ stories to conduct structural integrity reserve studies. This directly affects your building's plumbing infrastructure funding.
Association Master Policy covers: Common elements; original fixtures & plumbing; building structure; common areas & amenities; standard unit finishes.
Your HO-6 Policy covers: Personal property; upgrades above standard; personal liability; water damage you cause; loss of use / ALE.
HOA vs. Condo — Key Legal Differences
Condo (Chapter 718)
- Strict statutory framework for responsibility
- Association has clear duties defined by FL statute
- Unit = interior space "from the drywall in"
- Shared pipes = common elements by default
- 718.111(11) mandates association insurance coverage
- Association controls all common element repairs
- Board must respond to written maintenance requests
HOA (Chapter 720)
- More flexible — CC&Rs control responsibility
- Wide variation between HOA communities
- Individual homes typically own entire structure
- Shared pipes: may or may not be HOA (varies)
- No statute equivalent to 718.111(11) for plumbing
- Always pull your specific CC&Rs for answers
- HOA attorney may be needed if CC&Rs are ambiguous
Multi-Unit Water Emergency / Documentation
Know your building main shutoff location BEFORE an emergency — a seized valve in a flood is useless. For any condo or HOA water damage situation, gather full photo/video documentation, written notice to the association, and timestamped communication records to support insurance claims.