Owning a condo in Florida comes with its benefits – beautiful views, shared amenities, and less maintenance than a traditional home. But, when disaster strikes, navigating your insurance claim can get complicated fast.
Unlike single-family homeowners, condo owners have to deal with multiple layers of coverage, from their own insurance policy to the condo association’s master policy. The complexities of this web often lead to delays and disputes, both of which can delay your desired end-game.
But remember, you don’t have to go through the process alone. With an attorney, you gain a powerful ally who’s familiar with the process and can help you reach the best possible outcome with much, much less stress.
The Nation Law Firm is here to support you in your next steps. Complete our free case evaluation to get started with your local, powerful law firm.
Understanding Condo Insurance Coverage
As a condo owner, your personal insurance, commonly called a “walls-in” or “paint-in” policy, covers everything inside your unit, from flooring and cabinets to appliances and personal belongings. You may also have coverage under a condo association’s master policy, which covers shared spaces like the roof, exterior walls, hallways, and amenities.
While it may sound simple, it can quickly become complicated in reality. There’s often overlap, and insurers may argue over responsibility:
- For example, if a hurricane causes water damage that spreads from a shared hallway into your unit, an insurer may try to shift responsibility onto your policy or the master policy, leading to delays, underpayments, or outright denials.
Policy terms, governing documents, and state laws dictate how claims are handled, but insurers and associations may not always interpret them in your favor. If your claim is denied, delayed, or caught in a dispute, legal representation can help you enforce your rights and secure the coverage you are entitled to.
Common Types of Damages in Condo Claims
Owning property in Florida has one big drawback – A significant risk of floods and storm-related damages. Hurricane season leaves widespread damage yearly, with rain, storm surges, and flash floods contributing to damage inside units and shared structures.
The most common types of damages in condo insurance claims include:
- Wind Damage: High winds can tear off roofs, break windows, and damage exterior walls, leading to structural vulnerabilities.
- Water Damage: Heavy rain and storm surges can cause flooding, leaks, and seepage, leading to destruction inside units and in common areas.
- Mold and Mildew: If water damage is not properly addressed, mold can spread quickly, causing health hazards and requiring costly remediation.
- Structural Issues: Severe storms can weaken foundations, compromise support beams, and damage balconies, creating long-term safety concerns.
Filing a claim for hurricane-related damage should be straightforward, but many condo owners often face delays, denials, or disputes from their insurance company. Whether they argue that your damage falls under a different policy or another reason, The Nation Law Firm is here to help you push forward toward the best possible outcome.
Coordination Between Individual Owners and Condo Associations
Condo insurance claims are more complex than traditional homeowners’ claims because responsibility is divided between individual owners and the condo association.
Disputes often arise when damage impacts private units and common areas. These overlaps require coordination between the owner, the condo board, and multiple insurers to determine liability. Associations may delay repairs, shift blame, or claim damages that fall under an owner’s policy, leaving you caught in the middle.
If your claim is being denied, delayed, or caught in a dispute with your condo association, legal support can ensure your rights are protected. The Nation Law Firm can support your claim for no upfront costs. Get started with our free case evaluation.
Flood Insurance for Condo Owners
Standard condo insurance does not cover flood damage. Flood insurance must be obtained through a separate private policy or the National Flood Insurance Program (NFIP) to cover damage related to flooring, walls, appliances, and personal belongings. If your condo association carries flood insurance, it typically covers common areas and the building’s structure but not the inside of individual units.
Flood claims are often delayed, undervalued, or denied, especially when insurers dispute whether damage was caused by flooding or another storm-related reason. If your claim is wrongfully denied or underpaid, The Nation Law Firm can help you challenge the decision and secure the compensation you deserve.
Disputes with Condo Associations
Condo associations are responsible for handling insurance claims and overseeing repairs for common areas, but that process doesn’t always go smoothly. Many condo owners face delays, disputes, or outright refusals when seeking repairs for hurricane-related damage.
Associations may assert that specific damages are the unit owner’s responsibility, that they did not file claims in a timely manner, or impose special assessments to hinder the process. These disputes can leave condo owners living with unsafe conditions, mold growth, or expensive out-of-pocket repairs while waiting for the association to act.
If the association is delaying necessary repairs, failing to handle an insurance claim properly, or unfairly shifting repair costs onto you, you have legal options – The Nation Law Firm.
6 Steps to Take After a Hurricane Damages Your Condo
Emotions might be running high, but your actions immediately after a hurricane can significantly impact your insurance claim and recovery process. Here’s what you should do:
- Document the Damage: Take photos and videos of all damage inside your unit and in common areas before attempting any repairs.
- Report the Damage to Your Condo Association: Notify your condo association in writing as soon as possible. After filing, request confirmation that they have reported the damage to their insurer.
- Review Your Insurance Policy: Check your coverage limits, deductibles, and any exclusions affecting your claim. This knowledge can protect you if any third party attempts to leverage their experience over you, hoping you won’t notice.
- File Your Claim Promptly: Report damages to your insurer and keep records of all communications. Florida law requires hurricane-related claims to be filed within one year of the date of loss, but earlier filing is recommended to preserve evidence.
- Mitigate Further Damage: Prevent additional losses by making temporary repairs, such as covering broken windows or drying out water damage, while keeping receipts for reimbursement. Take photographs and videos of these temporary repairs for future reference.
- Track All Expenses: Keep records of repair costs, hotel stays, and other out-of-pocket expenses that may be covered under Additional Living Expenses (ALE) insurance.
You can take all the right steps and still find yourself in an unnecessary dispute. If you encounter challenges in your claim, our team is here to guide you toward a solution.
Challenges in Condo Insurance Claims
Unfortunately, hurricane-related condo insurance claims are rarely straightforward. Even when owners file claims correctly and on time, insurers and condo associations often create delays, disputes, and roadblocks that make the recovery process frustrating and costly.
Some of the most common challenges condo owners face include:
- Claim Delays: Insurers and associations may take months to process claims, leaving owners waiting on compensation for important repairs.
- Coverage Disputes: Insurance companies and condo associations can argue over responsibility for specific damages, shifting costs onto unit owners.
- Lowball Settlement Offers: Insurers may undervalue repair costs and offer payouts that don’t fully cover hurricane damage.
- Denials Based on Exclusions: Claims may be denied due to flood damage exclusions, wind vs. water disputes, or pre-existing condition claims.
If you’re encountering any of these challenges, taking legal action early can avoid prolonged delays. Our team can ensure the process moves as swiftly and efficiently as possible.
Additional Living Expenses Coverage
When hurricane damage makes a condo unlivable, condo owners can turn to Additional Living Expenses (ALE) coverage to cover the cost of temporary housing, food, and other necessities. This coverage, also known as “loss of use,” is typically included in standard condo insurance policies – but check your policy to be sure.
To qualify for ALE coverage, your insurance policy must include it, and the damage must make your condo unsafe or uninhabitable. Covered expenses often include:
- Hotel or rental costs while repairs are completed
- Increased food expenses due to displacement
- Temporary storage fees for personal belongings
- Utility costs at the temporary residence
Keep detailed records of all expenses and get written proof that your unit is unlivable, as this evidence can be used to prevent delays or disputes in the process.
Role of Legal Representation in Condo Insurance Disputes
Hurricane-related insurance disputes can leave condo owners waiting months for repairs, facing unfair denials, or receiving settlements that don’t cover their losses. An attorney gives you an ally who knows the playing field and can leverage their experience to overcome these disputes, bringing you to your endgame as fast as possible.
Their involvement isn’t required by law but offers a major competitive advantage. And, with our contingency, you can team up with a local, powerful firm for no upfront costs. Our team can:
- Challenge Wrongful Denials: If your insurer or condo association refuses to cover hurricane damage, we can enforce policy obligations.
- Negotiate Fair Settlements: Our team can push back against lowball offers and demand full compensation for repairs and additional living expenses.
- Hold Insurers Accountable for Bad Faith: Florida law protects policyholders from unreasonable delays, misrepresentation of coverage, and unfair claim denials. The Nation Law Firm can ensure the laws that protect you are enforced.
Since 1997, we’ve advocated for the rights of our neighbors and recovered the fullest extent of damages, even when the odds were stacked against us. Get started with our team today through our free case evaluation.
Florida-Specific Laws Impacting Condo Insurance Claims
In Florida, several laws and recent legislative changes significantly influence how condo owners and associations handle insurance claims. An attorney can help you learn more about these laws, but here’s what you need to know:
1. Condominium Act – Section 718.111(11), Florida Statutes
The Condominium Act defines who is responsible for condo repairs and insurance coverage. Generally, the condo association’s master policy must cover common areas and the unit’s original structure as constructed, while individual owners are responsible for interior elements like flooring, cabinetry, and personal belongings.
2. Senate Bill 4-D (2022) – Building Safety
Under Senate Bill 4-D, condo buildings over 30 years old (or 25 years in coastal areas) must undergo regular structural inspections. This regulation ensures that buildings are up-to-date on safety standards, including hurricane-related protections.
3. Senate Bill 76 (2021) and House Bill 305 (2021) – Property Insurance Reforms
These laws tightened deadlines for filing hurricane-related claims, requiring initial claims within one year of the loss and supplemental claims within 18 months of the damage date. Shorter claim deadlines mean condo owners must act quickly after a hurricane to file insurance claims.
4. House Bill 7073 (2024) – Insurance Premium Discounts
To help offset rising insurance costs, this bill requires insurers to provide a 1.75% premium deduction on homeowners and flood insurance policies for 12-month policies issued between October 1, 2024, and September 30, 2025.
There are many more of these laws that impact your claim – and they’re always evolving. Attorneys are knowledgeable in all Florida legislation and up-to-date on recent changes, making their involvement so important in any claim that’s stuck in a dispute.
Frequently Asked Questions
What is the difference between an individual condo insurance policy and a condo association policy?
An individual condo insurance policy generally covers the interior of your unit, including personal belongings, appliances, and sometimes fixtures. The condo association’s master policy typically covers common areas, exterior structures, and shared building elements like roofs and hallways.
What should I do if my condo is damaged by a hurricane?
Document all damage with photos and videos, notify your condo association, and file your insurance claim promptly. Once complete, make temporary repairs to prevent further damage and keep records of all expenses.
How do I know if my insurance company is treating my claim fairly?
If your claim is delayed, underpaid, or denied without a clear explanation, this could be evidence of bad faith. Compare your policy’s coverage with the settlement offer, and consult an attorney who can help determine if your rights are being violated.
What types of damages are typically covered by condo insurance?
An individual condo policy usually covers wind and water damage (not flood-related), fire, theft, and vandalism. However, master policies cover common areas and structural components, so coverage depends on the type of damage and location.
What should I do if my claim is denied or delayed by my insurance company?
Request a written explanation for the denial or delay in their process, review your policy to ensure your claim was handled correctly, and gather additional supporting evidence. If your insurer refuses to negotiate, legal action might be needed.
How does flood insurance work for condo owners?
Standard condo insurance does not cover flood damage. Instead, you must purchase separate flood insurance through the National Flood Insurance Program (NFIP) or a private provider. The condo association’s policy may cover common areas, but unit interiors require individual coverage.
What are my rights if the condo association and I disagree on who is responsible for repairs?
Florida law requires condo associations to cover common areas and unit owners to cover interior damages unless stated otherwise in governing documents. If there’s a dispute, review your association’s bylaws and consult legal counsel to enforce your rights.
Can I claim additional living expenses if I am displaced from my condo after a hurricane?
Yes, if your policy includes Additional Living Expenses (ALE) coverage, you may be reimbursed for temporary housing, food, and other necessary costs until repairs are completed. Remember, keeping detailed records of all expenses is essential for fast approval.
What steps can I take to ensure my condo insurance claim is processed quickly?
File your claim as soon as possible, provide complete documentation, and follow up regularly with your insurer. Submitting all requested paperwork upfront and keeping detailed communication records throughout can help you avoid common delays.
How can an attorney help resolve disputes with my insurance company or condo association?
Our team can challenge wrongful denials, negotiate fair settlements, and take legal action if necessary to ensure you receive the compensation you’re entitled to. We can also clarify repair responsibilities in disputes between you and the condo association, ensuring you’re on the fastest path toward the compensation you’re entitled to.
