Who Pays For Hurricane Damages After A Storm?

The one-two punch of Hurricanes Helene and Milton struck Florida in September-October 2024, causing “truly historic” damage across the state and a death toll in the hundreds. While the Hollywood/Ft. Lauderdale area was spared much of the worst devastation, high winds and flooding caused problems for residents and visitors, as well as damage to several buildings. Most people are stuck paying their own repair bills after a hurricane, but if you are a condominium owner, you may be in a situation where your association covers some of the cost.

Many Potential Governing Authorities

In Florida, a condo association is governed both by its conditions, covenants & restrictions (CCRs) and by the relevant state and federal statutes. It can sometimes be quite difficult to determine who is responsible for certain costs, and the finding for who is responsible may vary from case to case. For example, most condo associations consider themselves responsible for maintaining the common elements of the associations – amenities, hallways, elevators, and any other ‘common’ space – but there are occasions where that responsibility will fall on the condo owner, particularly if the common element in question is limited.

In most cases, condo associations will also have insurance covering everything in their units except for personal property – for example, water damage from the condo above would be the responsibility of the association to fix, but any personal items damaged by the water would have to be replaced by the owner. That said, this is not always straightforward, particularly if it is difficult to determine the original source of damage.

Changes To Hurricane Law

While CCRs can play a big role in the day-to-day life of an association, it is the state statutes that will often have the last word in terms of settling serious issues. In recent years, Florida’s legislature has made major changes to the state’s hurricane preparedness laws, explicitly imposing responsibility on condo boards and unit owners in roughly equal measure. For example, a bill taking effect in July 2024 gives a condo board the right to install – or require a unit owner to install – hurricane shutters or other protection.

If hurricane protection is installed by the association to protect association property (such as the drywall, fixtures, and appliances in any given unit), the cost will likely be the association’s responsibility. However, it is impossible to state that these costs will always be borne by one party or the other, because each association may have different situations with which they must contend. The right legal help can disentangle the varying obligations.

Call A Hollywood, FL Condominium Law Attorney

As Florida rebuilds after Helene and Milton, it is natural to worry about the costs of getting back to normal. If you have questions or concerns about the responsibilities of your condo association, a Hollywood, FL condominium law attorney can help get them managed. The Law Office of Steven A. Mason, P.A. has handled these matters before, and will work hard to get yours to the best possible conclusion. Contact our office today at (954) 963-5900 to speak to an attorney.

Source:

cbsnews.com/news/helene-milton-losses-50-billion-each-hurricanes-rare/