An educational publication

Benjamin L. Lipson | Attorney | Community Association Manager | Real Estate Broker

Short answer: In a Florida condominium, “inside the unit” does not automatically mean “the owner pays.” Repair responsibility can depend on how the declaration classifies the component, who must maintain it, whether the event is an insured property loss, what caused the damage, and whether the affected item was an original component or a unit-specific improvement.

Start With the Declaration and the Component That Failed

The declaration, together with the condominium plans and exhibits, defines the units and common elements. Section 718.104, Florida Statutes, requires the condominium documents to identify the condominium property and units.

Location alone does not answer responsibility. A pipe, window, balcony component, wall, roof component, or electrical line may be physically near or inside a unit without necessarily being the owner’s maintenance obligation. Identify the failed component first, then determine how the documents classify it.

Common Elements Are Generally Maintained by the Association

Under section 718.113(1), the association generally maintains the common elements and condominium property assigned to it by the declaration. Those costs are generally common expenses under section 718.115.

That means a repair is not automatically the owner’s responsibility merely because only one unit is affected. The classification and maintenance provisions in the governing documents matter more than a simple inside-versus-outside distinction.

Limited Common Elements May Be Allocated Differently

Limited common elements are common elements reserved for one unit or a limited group of units. Depending on the declaration, balconies, terraces, parking spaces, storage areas, doors, windows, or other features may fall into this category.

Section 718.113(1) allows the declaration to make owners responsible for maintaining certain limited common elements or to require the association to perform the work while allocating the expense only to the owners entitled to use them. So “common element” does not always mean the cost is shared equally by the entire condominium.

Maintenance and Insurance Are Separate Questions

For residential condominiums, section 718.111(11) creates a separate insurance framework. Association property insurance generally covers condominium property as originally installed, subject to statutory exclusions. Items such as personal property, floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments located within the unit and serving only that unit are generally excluded from the association’s property-insurance responsibility.

An insured property loss can therefore produce a different allocation from ordinary maintenance. When there is no insured event, section 718.111(11)(j) directs the association and owners back to the declaration or bylaws for maintenance responsibility.

The Cause of the Damage Can Shift Costs

Fault can change the result. Section 718.111(11)(j) can make a unit owner responsible for certain repair or replacement costs not paid by insurance when damage was caused by intentional conduct, negligence, or failure to comply with the declaration or association rules by the owner or specified people connected with the unit.

That is why a leak from association-maintained property should not be analyzed the same way as damage caused by an owner-maintained appliance or negligent conduct within a unit.

Unit-Specific Improvements Add Another Layer

Under section 718.111(11)(n), the association generally is not required to pay repair or reconstruction costs for certain improvements installed by a current or former owner—or by the developer—when the improvement benefits only that unit and was not a standard improvement installed in all units as part of the original construction.

This can matter with upgraded flooring, cabinets, enclosed balconies, modified windows or doors, or other alterations that differ from the original condominium construction.

How This Framework Applies to Common Disputes

Windows and Sliding Glass Doors

A window or sliding glass door is not automatically the association’s responsibility because it faces the exterior. The declaration may classify parts of the assembly as unit property, common elements, or limited common elements and may assign maintenance differently from replacement.

Plumbing Leaks

A plumbing leak can involve several responsibilities at once: fixing the failed pipe or line, repairing surrounding building materials, replacing unit finishes, handling insurance, and determining whether negligence shifted any cost. The point where water appeared does not resolve those separate questions.

Balconies and Terraces

The structural slab, railing, waterproofing, tile, and owner-installed finishes may have different classifications. An owner should not assume the same party is responsible for every part of a balcony merely because the components occupy the same physical area.

Air-Conditioning Systems

Equipment serving one unit may be treated differently from building systems, common drain lines, roof penetrations, or structural components. Identify the specific failed part rather than treating the entire HVAC system as one legal category.

Water Damage Between Units

If water enters from another unit, the roof, an exterior wall, or a common plumbing line, fixing the source can be separate from repairing drywall, flooring, cabinets, personal property, or common elements. The source of the water also does not by itself prove negligence.

What an Owner Should Review

  • the declaration’s definitions of the unit, common elements, and limited common elements;
  • the provisions assigning maintenance, repair, and replacement responsibility;
  • the association’s property-insurance policy and the owner’s unit policy;
  • what actually failed and what property was damaged;
  • whether the event involved ordinary deterioration or a property loss;
  • whether negligence or another basis for shifting costs is supported by the facts; and
  • whether the affected component was original construction or a later unit-specific improvement.

If the association’s position depends on records the owner does not have, relevant declarations, insurance materials, reports, contracts, minutes, or repair records may be available through an official records request.

Other Repair Issues Owners Should Not Miss

Report property losses promptly. Section 718.111(11)(j) can affect common-expense treatment when an owner knew or should have known of a loss but failed to report it until after the association’s insurance claim was finally resolved or denied as untimely.

The association may have a right of access. Under section 718.111(5), the association has an irrevocable right of access to a unit during reasonable hours when necessary to maintain, repair, or replace property it must maintain or to prevent damage to common elements or another unit.

Post-loss reconstruction is not simply an individual-owner project. Section 718.111(11)(g) generally requires reconstruction after a property loss to be undertaken by the association, although a unit owner may reconstruct portions of the unit with the board’s prior written consent and required governmental approvals.

Owner Takeaway

Identify the failed component and follow the declaration, insurance rules, and cause of loss from there. Different parts of the same incident can legitimately fall to different parties, which is why broad assumptions such as “inside means owner” or “common element means everyone pays” often fail.

Sources reviewed: October 1, 2026.







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