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Public Adjusters: Stephen Sarasohn brings over 50 years public adjusting experience to the negotiating table when it’s time to settle the claim

Public Adjusters: Stephen Sarasohn brings over 50 years public adjusting experience to the negotiating table when it’s time to settle the claim

Sarasohn & Company, Inc.

Public Adjusters

Most states license all insurance adjusters, whether they work for an insurance company or for the public. Adjusters working for the insurance companies are obligated to treat all claimants fairly and impartially. However, they are paid by the insurance companies for their efforts. The state recognizes that the insured is entitled to equal representation and may retain the services of an expert adjuster to assist in the claim process

Not all public adjusters are the same. One recent article stated that losses caused by your negligence can be excluded. That’s just not so! We are a fourth generation family owned business, founded in 1924, and have more experience than any other public adjusting firm in Florida. We are founding members of both the National Association of Public Insurance Adjusters and the Florida Association of Public Insurance Adjusters. Large commercial losses are our specialty. We’ve adjusted a great many claims in excess of a million dollars and even many in the tens of millions of dollars. In addition to numerous state licenses, Stephen Sarasohn, our CEO, has held the nationally recognized designation of Senior Professional Public Adjuster since it was created in 1987. He has been certified by the Florida Department of Financial Services to teach continuing education courses to the other public adjusters.

Insurance policies are not all the same. Coverages, exclusions and post loss requirements differ from policy to policy. Our first step is to do a thorough review of your insurance policy. This is necessary to ensure that we take advantage of all the benefits it affords and to be certain we comply with all its requirements. We then prepare the claim using licensed general contractors, engineers and other experts as needed. We attend all meetings with the insurance company’s representatives on the insured’s behalf. Stephen Sarasohn brings over 50 years public adjusting experience to the negotiating table when it’s time to settle the claim. By law, accepting the final settlement is up to the insured. We can’t finalize anything on our own.

Whether the damage is caused by fire, flood, wind, plumbing leak or any other covered peril, rest assured that Sarasohn & Company will bring to bear all its knowledge and experience to make sure the insured achieves the best possible result with their claim. We can be reached 24/7 at 561-368-5000.

 

Stephen Sarasohn SPPA
Sarasohn & Company, Inc.
Public Adjusters since 1924
561-368-5000 office
561-866-3589 cell
www.sarasohn.net
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We are Jacksonville’s Preferred Roofing Company & Exterior Contractor! Get your FREE Roof Inspection

We are Jacksonville’s Preferred Roofing Company & Exterior Contractor! Get your FREE Roof Inspection

  • Posted: Nov 04, 2022
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We are Jacksonville’s Preferred Roofing Company & Exterior Contractor! Get your FREE Roof Inspection ––

www.stonebridgebuilt.com 🏡

🏆 Jacksonville’s Preferred Roofing Company
☎️ 1 Company, 1 Call, Many Solutions
💪 Roofs That Are Built To Last
License no. CCC1328917 / CBC1252682
Garing Parking Enforcement / Garing Property Services

Garing Parking Enforcement / Garing Property Services

Garing Parking Enforcement / Garing Property Services

We pride ourselves on providing invaluable services to HOAs/COAs and their property managers throughout S. Florida that facilitate the improvement of safety and appearance of their communities while preserving the integrity of property values. Our first division, Garing Parking Enforcement, was started in 2007 to help communities regain and maintain compliance with their vehicle restrictions and parking regulations.

Our second division, Garing Property Services, was just launched with a similar intent of bringing the residences, recreational and common areas in a community into compliance with the community’s governing documents pertaining to the appearance and upkeep of their dwellings.

 

TESTIMONIALS

Dear Paul and the Garing Staff

Just so you know, we were more than satisfied with the patrols. I know what your guy went through at times; the threats […] abusive residents, etc. l also know it would be hard to duplicate this service for little or no cost if we choose to do so because you are extremely reasonable with the costs. You have been a tremendous help to our violation enforcement […] I just personally wanted you to know that we appreciate everything you have done for our community.

Sincerely,

Chuck Forcucci
and the Genesis Board of Directors


Dear Paul

I’ve read carefully the report of Garing’s parking ranger. I have no comment other than l do appreciate very much everything that he did on Saturday night, June 21, 2008 between 12:30 am and 1:50 am.

He conducted his duty strictly in accordance with the professional regulations of your company and the agreement with Sawgrass Preserve HOA. The owners of vehicles that were subject of towing in this incident were very well known as frequent violators, not only in illegal parking, but also in other cases (broken gate arm, tailgating…)

On behalf of the Association l praise the professional stand of your ranger and use this opportunity to thank him for everything he did that night to protect the Association rules. Could you please pass to him our great satisfaction for his approach in conducting of his duties.

Thanks.

Miro Imamovic
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Pen50 Preserves The Surface’s Natural Look – without it changing the appearance of their surfaces.

Pen50 Preserves The Surface’s Natural Look – without it changing the appearance of their surfaces.

  • Posted: Nov 04, 2022
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Protect Porous Surfaces – Like Concrete, Natural Stone, Clay & Brick

From Water Damage, Mold and Mildew or Freeze-Thaw


CoverSeal Pen50 is a penetrating sealer that protects porous surfaces – like concrete and stone – from water-related damage.  Made from a blend of silanes and siloxanes, it reacts to form a silicone resin that’s highly water-resistant and repellent.  In keeping water out of the surface, it protects against mold growing and salts getting into the surface from freeze-thaw attack.  Use it on the interior or exterior to protect your surfaces.

 

 

Mold and Mildew:
If you’re seeing signs of mold and mildew on your concrete, natural stone, limestone – any kind of porous surface – that’s a good indication that you need a water-repellent, penetrating sealer.  Something like CoverSeal Pen50.

Crumbling or Dusting:
If you’ve got concrete and you’re noticing signs of crumbling or dusting, that’s probably because moisture has gotten into the surface.  With ongoing freeze-thaw action (as the water freezes and expands), it crumbles and cracks the surface.  Signs like this on concrete or pavers, indicates that you should be using something like the Pen50.

Any porous surface can benefit from a penetrating sealer like Pen50, and it will not change the look of your surface.

 

 


Is CoverSeal Pen50 A Commercial Or Consumer Product?

Pen50 is available to both commercial customers and DIY consumers.  It was developed initially for commercial applications. Situations like working on historic buildings, public walkways, outdoor restaurants, hotel entrances, etc.  But it is very user-friendly. It’s a water-based product that is easy to use, and easy to apply.

Situations Where You Would Use CoverSeal Pen50

Much of the time, customers using Pen50 are dealing with exterior situations.  They come to us describing situations where moisture got into surfaces, resulting in mold and mildew.  Other examples of where a penetrating sealer would be useful include natural stone (like limestone or sandstone) that is:

  • In your patio
  • Around your pool deck
  • On brick walls
  • On vertical surfaces like outdoor showers or artificial waterfalls.

Anywhere it can get damp, and you need to prevent moisture getting into the surface, consider using CoverSeal Pen50.

 


Stop The Damage From “Freeze-Thaw” Attack

Freeze-Thaw can be defined as the repeated process of:

  1. Water seeping into pores and cracks of a surface
  2. Freezing temps cause ice formation, which expands to cause further cracking
  3. The ice thaws, leaving behind dust and increasingly larger pores and cracks.

 

If you see signs of this on concrete or pavers, consider using something like Pen50 to protect against “freeze-thaw” attack.  It easily repels moisture from getting into the surface.

 

Pen50 Preserves The Surface’s Natural Look

Customers love that they can use CoverSeal Pen50, without it changing the appearance of their surfaces.  It does not darken the surface.  It won’t give it a sheen.  It’ll just keep that natural look.

 


Why Is CoverSeal Pen50 Better Than Store-Bought Sealers?

CoverSeal Pen 50 is a very versatile penetrating sealer, and it’s unique formulation gives it 2 distinct advantages over the competition.

1 – It contains a higher “active solids” content than competing brands.
This means that it provides much higher repellancy to moisture or other contaminants.  It also means that surfaces treated with it will be protected for a much longer period of time, compared to those sealed with and “off-the-shelf” brand.

2 – It works on multiple surface types.
The silane-siloxane blend that CoverTec formulated for Pen50 works very well on:

  • Concrete
  • Natural stone
  • Clay
  • Brick.

Most competing products are formulated to work on a single surface type.  Basically, if you use a product from a hardware store, you will lose repellancy faster, and you’ll have to re-apply that product more often.

 

call to place your orders:  

754-253-3401

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A Condo/HOA guide: How to effectively communicate with owners and residents

A Condo/HOA guide: How to effectively communicate with owners and residents

How to effectively communicate with condo/ homeowners

Written By : Phillip Livingston

While there’s no one-size-fits-all approach to condo communication, there are some basic principles and strategies that can help you maximize communication. For instance, we can all agree that using digital communication tools is faster and more efficient than outdated paper and mail.

Read on to find out how technology and sound communication strategies can facilitate smooth operations and cohesion with homeowners.

  • Communicate as frequently as possible

One of the best ways to capture and maintain unit owners’ attention is to communicate with them frequently. Property management software such as Condo Control Central simplifies the process for you. It offers a discussion forum where unit owners can voice their opinions in a safe and confidential manner.

Residents can use this feature to report property damage in the common areas, and you’ll be able to moderate the forum by adding pre-defined topics.

The event planner tool also makes it easy to inform and update residents about upcoming community events such as get-togethers and AGM meetings.

Tired of printing documents and posters every time you update community bylaws? Say goodbye to printing costs and upload updated documents straight to your community’s file library. It has quick search functionality and allows you to seamlessly notify residents when you upload a new document. Now you’ll have no excuse but to keep unit owners updated on every move.

Make sure your state allows for the electronic transfer of large documents because it’s not legal in every state.

  • Simplify communication

People generally don’t like to actively seek out information so you need to make it easy for them. Otherwise, no-one is going to go out of their way to read the rules unless they’re made visible. Going digital will not only help you to cut costs while captivating people’s attention, but it also simplifies the communication process. Using property management software forums means that you don’t have to rely on residents to open an email, or log in to a website.

But, it’s important to modulate the information you make available to residents online. Intelligently designed communication strategies speak volumes and will help you manage and reduce conflict.

  • Hold regular meetings

Like most condo associations, your condo declaration stipulates how often your board should meet. It’s important to include residents in HOA meetings to promote transparency and honesty. The minimum requirement in most state regulations is for the HOA board to meet annually to plan the yearly budget. But, it helps to hold regular meetings in-between to keep residents in the loop about important issues.

If you want to find out how often your condo board should meet, check the association’s bylaws for detailed information. Most bylaws have a minimum meeting frequency of five to six times a year. It’s important to note that this is merely a suggestion, and the board can choose to meet more or fewer times than that, based on the needs of the community.

Granted, things like weather conditions can contribute to the frequency of board meetings.  Associations that in areas with extreme winters may hold regular meetings to deal with issues like snow removal or lawn maintenance. Some associations need to hold frequent meetings to deal with tenant disputes and other kinds of drama. Larger condo associations with 30, 50 or more units may also meet frequently due to unique circumstances.

The important thing is to address problems as they arise and do so publicly. Don’t allow things to fester as this may lead to detached involvement from homeowners. For instance, if an HOA board holds six meetings in a year, then homeowners should be present for at least half of those meetings.

  • Leverage your online presence

Every association should have a website and social media presence. This makes it easier to raise awareness about the latest association news, meeting minutes, etc.

Plus, you can control the amount of information included on the website and who has access to it.

Most associations use social media platforms like Facebook and LinkedIn as well as association blogs as a way to keep community members in the loop about important news and happenings. Through private groups within these platforms, you can safely and effectively share meeting minutes, community alerts, invitations, and announcements.

The only downside to using public social networks is that you don’t have control over the platform itself. Facebook or LinkedIn’s community and privacy rules can change at any moment. This can affect the way you communicate with association members and compromise privacy. After all, social media doesn’t offer the level of confidentiality required when sharing certain information.

Since these platforms aren’t designed with condo associations in mind, they may not have certain functions you’d find in dedicated property management software.

Social media also comes with issues like out of control comments that cause misunderstandings and communication barriers. For instance, it’s easy for comments posted by board members to be misconstrued as a representation of the board itself, when it’s only the perspective of a single board member. Situations like this can create a hostile environment and lead to unnecessary strife.

This is just one example of how Facebook can instigate controversy trough miscommunication. It’s difficult to moderate comments and conversations that happen on the platform, hence the fighting that often happens on Facebook and other social media websites.

It’s better to communicate with homeowners using an internal platform. That way, you can moderate the conversation and address questions in an orderly fashion. An open forum is a great way to do th
is, along with Control Central’s dedicated announcement feature.

The website builder feature from Condo Control Central is ideal because it allows you to create a customized platform for your community. Here, you can safely share important and mundane information alike. This includes things like your pest control schedule to your recreational event calendar, board meeting schedule, planned improvements and parking requirements to name but a few.

It’s the best way to ensure confidentiality and privacy when communicating with unit owners electronically. It also encourages ongoing interaction between unit owners and can foster a strong sense of community.

  • Encourage disinterested unit owners by showing the financial upside

Are you having trouble with disinterested unit owners? Then you should point out a few reasons why they should take an interest in association affairs. Most absentee unit owners are that way because they don’t live in their units and simply rent them out as an investment property.

In such cases, it helps to incentivize meeting attendance with something like a free gift card or a percentage off from their assessments. At the end of the day, these types of owners are interested in the financial value of the property. So, they will take part in association meetings and affairs if it means maximizing their bottom line or investment.

  • Be transparent

We can’t stress this enough. Transparency is paramount in a condo association because you don’t want unit owners to ever feel alienated or unheard. Transparency is the easiest way to avoid disgruntled unit owners while making sure that you’re sharing all the right information with them.

For the best results, we recommend you consult with state regulations to see what the requirements are. Most states call for regular association board meetings that involve unit owners in every major decision.

The last thing unit owners want is to find out about an important decision via email or text notification. Especially if it affects the value of the property or their quality of life, which it probably will. Everything should be discussed in an open board meeting, and the board should give unit owners due notice before each meeting.

Unfortunately, association boards have been coming up with new ways to exclude board members, much to their detriment. One popular approach is to hold “working sessions” which are board meetings meant to exclude homeowners. The argument commonly used by board members is that they don’t want any interruptions from unit owners.

Even if the board is not planning to make motions during the meeting, community members must be informed of the meeting so they can attend if they want to.

This is the basis of transparency and the first step to building trust and open communication with your community.

  • Share more

Lack of communication is one of the biggest challenges HOAs and condo associations face today. This usually happens because the board fails to share decisions made on the backend. But, it’s important to share as much as possible with homeowners, keeping in mind that that the more transparent you are the more they will trust you.

It might be helpful to distribute regular newsletters either on a monthly or quarterly basis to keep community members in the loop about important issues. Even when an HOA board is experiencing problems with unauthorized renters, it’s important to share these issues so community members know what the board is dealing with.

Don’t forget to distribute the meeting minutes as soon as possible. This could be anything from a few days to a few weeks from the meeting depending on how fast the board approves them. Meeting minutes are a form of communication too and can help to shift perceptions about board transparency.

HOA boards should go beyond legal requirements when it comes to transparency and make financial records available to unit owners. That’s because financial transactions are often a leading cause of suspicion in condo associations and HOAs.

We recommend a yearly audit to improve transparency and the budget mail-out feature from Control Central is a lifesaver. It offers customized mail-out templates that you can use to digitally and automatically mail-out condo fees to residents.


Solutions inspired by the real needs of property managers and self-managed associations.

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Need a REAL tax professional? Call our office and schedule an appointment today. We’re here year round and are always ready to assist you.

Need a REAL tax professional? Call our office and schedule an appointment today. We’re here year round and are always ready to assist you.

  • Posted: Nov 04, 2022
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Charlotte, North Carolina: Resident Mehef Bey, a.k.a. Arthur Daniels, has pleaded guilty to conspiring to defraud the U.S. by promoting a nationwide tax fraud and assisting in the preparation and filing of false returns for the participants. Mr. Bey led taxpayers to believe that they were entitled to refunds by convincing them that their mortgages and other debts entitled them to refunds.
Bey, and his fellow conspirators, held seminars across the country to publicize the scheme from 2014 to 2016. They helped prepare and file returns for the participants, which collectively sought more than $64 million in federal refunds from the IRS. These tax returns falsely claimed that banks and other financial institutions had withheld income tax from the participants, entitling the clients to a refund. He admitted he and his conspirators charged their clients $10,000 to $15,000 in prep fees for each tax return. They then concealed their role in the scheme by, among other things, indicating that the false tax returns had been “self-prepared” and coaching participants how to conceal the scheme from the IRS.
The good news is the IRS brought fraud only against Bey and his coconspirators. The bad news is that all those they talked into filing these fraudulent returns so they could receive refunds will end up with a big bill from the IRS for the taxes fraudulently refunded PLUS interest and penalties.
One sure sign you should run from someone claiming to be a tax professional is that they don’t sign both your copy and the IRS copy of the tax return they prepare for you. The law requires them to not only sign their return but also to include their address and tax ID or PTIN (Preparer Tax Identification Number) on every return.

RMS Accounting

1-800-382-1040

RMS Accounting combines quality cost effective accounting and bookkeeping services with a team of tax accounting professionals to help clients make and save more money.

rms-accounting

Accounting and tax services are about more than just numbers on a page. Unlike other accounting firms, when you call us you will get a live human being not voicemail and unlike other accounting firms we will work with you on your business helping you to grow profits and cut taxes. Unlike other accounting firms we will tell you before we begin work exactly what it will cost for our help.

Our tax accounting professionals will be happy to assist you with; tax planning, tax preparation and tax representation.

Our tax accountants are EA’s (Enrolled to practice before the IRS). They know the tax laws and will make sure you don’t pay one penny more than you have to. Visit us for a free consultation with a tax accountant, who will review your tax situation, with you to determine the best course of action. The tax accountant will provide you with a free fee quotation.

 

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Does your property have any code violations or expired permits? The Team at Aruba can help!

Does your property have any code violations or expired permits? The Team at Aruba can help!

Does your property have any code violations, unpermitted work, or expired permits?

The Team at Aruba can help!

As the leading professionals in SouthFlorida, we will resolve all issues and ensure your property is in compliance!Aruba Permit Services is your one-stop-shop provider for closing all your open/expired building permits and code violations.

Our President, Joseph Florea, has over 30 years of experience. He is a licensed and insured General Contractor and Roofer.
The value of this service has been recognized by title companies, lenders, real estate brokerages and attorneys. Aruba Services can assist agents and offices in expediting closings where the subject house or commercial building has an “Open Building Permit & Code Violation” attached to it.

Find us on the Florida Members Directory: The top vendors being used today on Condo, HOA and Property Management Industry.
Visit our site, https://www.aruba-services.com or call us @ 954.786.7292!
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Vail Marketing Solutions Partners with Thompson Exterior Services to Expand Services in South Florida

Vail Marketing Solutions Partners with Thompson Exterior Services to Expand Services in South Florida

Vail Marketing Solutions Partners with Thompson Exterior Services to Expand Services in South Florida
Ft. Lauderdale, Florida – Vail Marketing Solutions and Thompson Exterior Services have
recently announced their strategic partnership to expand the scope of their services into South
Florida in Miami-Dade and Broward Counties. Vail Marketing Solutions is excited to assist
Thompson Exterior Services with business development, marketing, and account management
in the Greater Miami area as its first client in the region.
Thompson Exterior Services has long-standing relationships with several clients in the Miami
metropolitan area. This marketing partnership enables Thompson Exterior Services to focus on
what it does best — serving the commercial and luxury high-rise communities while extending
its reach to new clients.’
Thompson Exterior Services prides itself on helping communities meet code and other
mandatory ordinances, such as the 40-Year Recertification, while maintaining the aesthetic and
functionality of such facilities. Partnering with Vail Marketing Solutions will help the company
develop even more robust processes to ensure customer satisfaction and success
Vail Marketing Solutions, based in the New York City metropolitan area, is a multi-service
consulting firm owned by Jessica Vail that serves clients within the construction and real estate
industries. Ms. Vail brings over 14 years of results-oriented experience to her A/E/C clients in
marketing and business development.
Jessica Vail is an active member of several organizations intrinsic to the industries she serves,
including her contributions as the Events Committee Co-Chair for Professional Women in
Construction (PWC) and the Former Chair of the Business Partners Committee for Community
Associations Institute and active member of the New Jersey Subcontractors Association.
Thompson Exterior Services was grown from Thompson Touch, founded in March 2010, and is
now a flourishing million-dollar company. The company is already well-known in its primary
service areas as a small business built on the back of determination and quality service—with
four offices spanning the east coast in New Jersey, New York, and Florida.
Josh Thompson, President and Founder of Thompson Exterior Services began cleaning
windows at the age of sixteen. Thompson long envisioned his company becoming the largest
high-rise facade maintenance company in the New York City metropolitan area. Recently,
Thompson Exterior Services expanded its scope to construction management and as a general
contracting firm.’
With an expansion into South Florida, Thompson Exterior Services continues to provide power
washing and cleaning, glass restoration, facade and balcony restorations, curtain wall systems,
and more for high-rise, commercial and residential facilities—as well as helping clients meet
vital code ordinances and safety inspections.

WHY THE DIFFERENCES?  By Eric Glazer, Esq.

WHY THE DIFFERENCES? By Eric Glazer, Esq.

WHY THE DIFFERENCES?

By Eric Glazer, Esq.

At a time when it would make sense for the condo and HOA laws to become easier to learn, they are becoming harder.  Much has to do with why in the world are there such differences between the condo and HOA statutes?  It’s actually ridiculous.  For example:

  1. In order to get access to the official records, why does the condo statute allow access if the owner asks for access in writing while the HOA statute requires the owner to request access by certified mail return receipt requested?
  2. Why does the condo statute require condos with 150 units or more to have a website, while an HOA with 150 units or more does not require a website?
  3. Why does the HOA statute allow voting by proxy but the condo statute doesn’t and requires a very strict way of performing the election?
  4. Why do HOA documents expire after thirty years, but the condo declaration never expires?
  5. Why is competitive bidding required in a condo if the amount at issue is 5% of the budget but competitive bidding is required in an HOA if the amount at issue is 5% of the budget?
  6. Why in an HOA, if the owners amend the declaration to prohibit rental terms of less than six months or 3 times in a calendar year, that amendment applies to everyone, even those who did not vote in favor of the amendment ———- however that same amendment would not apply to those who specifically did not vote in favor of the amendment in a condo?
  7. Why does the condo statute require a 75% vote of the owners in order to make a material alteration, yet the HOA statute does not mention material alterations?
  8. Why as of January 1st, 2025 are condominiums required to reserve funds for all portions of the common elements but HOAs are not?

There are more, but you get the point.  There are no reasons of which I’m aware as to why these statutes are different for condos and HOAs, yet they continue to exist.  At a time when it’s confusing enough to learn the laws, The Florida Legislature should amend the statutes so that the laws are the same and fair across the Board, regardless of whether you live in a condo or HOA.

 

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Condominium Unit Owner Insurance The Risks of Not Purchasing Insurance For Your Condominium Unit

Condominium Unit Owner Insurance The Risks of Not Purchasing Insurance For Your Condominium Unit

Condominium Unit Owner Insurance

The Risks of Not Purchasing Insurance For Your Condominium Unit

Do you think you do not need condominium insurance because your condominium association has it? You would be so very wrong if you do! It has happened more times than I can count—the supply line that feeds the toilet ruptures in the upstairs unit while the owner of the unit is out of town, the upstairs unit owner forgot that he or she started to fill the tub and it overflows, or the upstairs unit owner ignores a broken toilet, all of which result in water flowing down into the unit below. Next thing you know, the remediation workers arrive and start ripping out the soaked, damaged drywall in the units below and after cutting holes in the drywall use their industrial-sized blowers to dry things out to prevent mold.

Meanwhile, the downstairs unit owners want to have a “word” with the upstairs unit owner to discuss who is going to pay for the repairs. They demand a copy of the upstairs unit owner’s insurance policy. The owner of the upstairs unit where the leak occurred smiles and explains, “The condominium association has insurance. They’ll take care of it.” Right? Wrong! Even if the condominium association has the duty of repair to portions of the damaged property, typically the damaged common elements, the upstairs unit owner is not off the hook because both the condominium association and its insurance company can often “subrogate” their financial damages against the upstairs unit owner and so, too, can the downstairs unit owners and their insurance companies. At the end of the day, the upstairs owner who caused the damages could have significant financial liability. (In plain English, to “subrogate” a claim means that one party goes after the other for their financial damages for having caused the damage in the first place.)

So, now that I have your attention, most especially if you are a unit owner who does not have insurance for your unit—in the example described above, not only can the upstairs unit owner bear significant financial liability, but even their condominium unit is at risk of being foreclosed to satisfy a judgment against them—and there is no homestead protection! Because the upstairs unit owner decided not to purchase insurance, he could actually lose his unit in a foreclosure. The following explanation is why:

By way of oversimplification, the Condominium Act, more specifically, §718.111(11)(f), Florida Statutes, requires the condominium association to insure everything that the unit owner is not responsible to insure. The unit owner is responsible to insure

all personal property within the unit or limited common elements, and floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing which are located within the boundaries of the unit and serve only such unit…  the association is not obligated to pay for any reconstruction or repair expenses due to property loss to any improvements installed by a current or former owner of the unit or by the developer if the improvement benefits only the unit for which it was installed and is not part of the standard improvements installed by the developer on all units as part of original construction, whether or not such improvement is located within the unit.

But, however, the unit owner’s insurance policy, typically referred to as an “HO-6 policy,” not only includes coverage for the items set forth above plus other personal items, but also includes liability coverage for having caused damages to the condominium property.

§718.111(11)(j)1–2, Florida Statutes, makes patently clear that

A unit owner is responsible for the costs of repair or replacement of any portion of the condominium property not paid by insurance proceeds if such damage is caused by intentional conduct, negligence, or failure to comply with the terms of the declaration or the rules of the association by a unit owner, the members of his or her family, unit occupants, tenants, guests, or invitees, without compromise of the subrogation rights of the insurer.

The provisions… regarding the financial responsibility of a unit owner for the costs of repairing or replacing other portions of the condominium property also apply to the costs of repair or replacement of personal property of other unit owners or the association, as well as other property, whether real or personal, which the unit owners are required to insure. (emphasis added.)

Furthermore, also pursuant to §718.111(11)(g)2, Florida Statutes

unit owners are responsible for the cost of reconstruction of any portions of the condominium property for which the unit owner is required to carry property insurance [set out above], or for which the unit owner is responsible, and the cost of any such reconstruction work undertaken by the association is chargeable to the unit owner and enforceable as an assessment and may be collected in the manner provided for the collection of assessments pursuant to § 718.116, Fla. Stat. (emphasis added.)

§718.116, Florida Statutes, is the unit fore-closure section of the Condominium Act which explains the steps necessary to foreclose against an owner’s unit for failing to pay assessments.

In condominium living, the general rule is that the party who has the duty of purchasing insurance for a particular portion of the condominium property also has the primary duty to repair the damages to such portion regardless of fault (unless the condominium association has opted out of that regime by a vote of the unit owners, which is a rarity). But, simply because the condominium association has insurance and may have that primary duty of repair after the insurable casualty event, that does not mean that the negligent unit owner that caused the damage will not be the primary target for reimbursement for expenses incurred by the condominium association’s insurance company or by the condominium association for its deductible and related expenses. The same concept applies for the downstairs unit owners, who could seek reimbursement from the upstairs unit owner for any necessary expense incurred because the upstairs unit owner was negligent.

There are typically two parts to the HO-6 insurance policy, the primary coverage for personal losses and the other for liability coverage. Condominium associations should consider amending their declaration to require every unit owner to have both personal and liability coverage, and at a minimum, liability coverage. Your condominium association should discuss this requirement with the condominium association’s insurance agent as well as review the possibility of amending the declaration of condominium with legal counsel.

Anytime a condominium association experiences a casualty event, in addition to reporting the claim to the insurance carrier, usually through the condominium association’s insurance agent, the condominium association should be in touch with its legal counsel to explore all the different aspects necessary to both repair and reimburse the condominium association for its financial losses. At the end of the day, owning a condominium unit and not having purchased insurance is similar to taking a rowboat out on a rough sea day without life preservers.


Kaye Bender Rembaum, Attorneys at Law

The law firm of Kaye Bender Rembaum, with its 20 lawyers and offices in Broward, Palm Beach and Hillsborough Counties, is a full service law firm devoted to the representation of more than 1,200 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.

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