Can Your Condo Association Force You to Pay for Someone Else’s Damage?

Key Takeaways

• Under Florida law, insurance deductibles for damage to the condominium property are generally a common expense shared by all unit owners. Section 718.111(11)(j), Florida Statutes, establishes this default rule.
• There is a critical exception: if damage is caused by the negligence or intentional conduct of a unit owner, that owner — not the entire community — may be held responsible for the deductible. Section 718.111(11)(j)1, Florida Statutes, establishes the negligent owner exception.
• Special assessments for uninsured losses or losses exceeding coverage may be levied against all unit owners. Section 718.116, Florida Statutes, governs assessment liability. The assessment must be properly authorized by the board and, if it exceeds statutory limits, by a membership vote.
• The association’s right of subrogation against a negligent party — including a unit owner — is preserved by statute and may allow the association to recoup from the responsible party. See Section 718.111(11)(j), Fla. Stat.
• A unit owner who is improperly assessed for damage caused by another owner’s negligence has the right to challenge the assessment. The challenge may be pursued through DBPR arbitration or circuit court, and the prevailing party may recover attorney fees under Section 718.303.

In This Article

• Short Answer
• How Florida Law Handles This Issue
• Key Legal Rules
• Common Expense vs. Unit Owner Responsibility: Comparison Table
• How This Issue Typically Comes Up
• Common Mistakes Associations Make
• What Associations Typically Argue — and Why It Fails
• How Courts Handle This
• Edge Cases and Nuances
• What Homeowners Should Do
• When Legal Action May Be Necessary
• Actionable Summary
• Related Knowledge — Cross-Chapter Linking
• Frequently Asked Questions
• Key Terms Defined

Short Answer

In most cases, yes — a Florida condominium association can require all unit owners to contribute to the cost of damage through a shared deductible or special assessment, even if the damage was caused by one owner’s actions. Section 718.111(11)(j), Florida Statutes, provides that the insurance deductible for insurable events is a common expense. However, there is an important exception: if the damage was caused by the negligence or intentional conduct of a unit owner, that specific owner may be held responsible for the deductible under Section 718.111(11)(j)1. Whether the negligent owner exception applies — and whether it has been properly invoked by the association — determines whether the cost falls on everyone or just the responsible party. A Boynton Beach, FL condo lawyer can help evaluate these issues and protect your interests in disputes over liability and assessments.

How Florida Law Handles This Issue

Florida’s condominium statute addresses the allocation of insurance-related costs through two specific provisions in Section 718.111(11)(j), which governs reconstruction and repair after an insurable event.

The common expense rule is the default. Under Section 718.111(11)(j), all property insurance deductibles and other damages in excess of property insurance coverage are a common expense of the condominium. The association funds these costs through its general or reserve accounts.

This means that when the condominium’s property insurance is triggered by covered damage — whether from a hurricane, a pipe burst, or a fire — the deductible is treated as a cost shared by all unit owners through their proportional ownership interests. Individual owners do not have the right to opt out of paying toward an insurance deductible simply because the underlying damage did not affect their unit.

The negligent owner exception modifies the default when the damage traces to a specific owner’s wrongdoing. Section 718.111(11)(j)1, Florida Statutes, provides:

“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.”

This exception is significant but narrow. It applies when: (1) a specific unit owner or their tenant, guest, or invitee caused the damage; (2) the cause was negligence or intentional conduct; and (3) the association properly invokes the exception. Associations sometimes misapply this provision by attempting to assess all owners for a deductible while simultaneously claiming one owner was negligent, or by failing to conduct any investigation before levying assessments.

In condominium communities throughout South Florida, the Orlando area, and the Tampa Bay region, disputes over who pays for water damage from leaking pipes — arguably the most common source of condominium property damage — frequently turn on whether the leak originated from a common element (making the deductible a common expense) or from a negligent unit owner (potentially shifting the deductible to that owner).

Key Legal Rules

• Rule: Insurance deductibles for covered damage to condominium property are a common expense shared by all unit owners. Source: Section 718.111(11)(j), Fla. Stat.
• Exception: If the damage was caused by the negligence or intentional conduct of a unit owner, that owner is responsible for the deductible and the costs of reconstruction or repair. Source: Section 718.111(11)(j)1, Fla. Stat.
• The association may levy a special assessment against the negligent owner to recover the deductible and repair costs. The assessment follows the same lien and collection procedures as regular assessments under Section 718.116.
• For uninsured losses or losses exceeding the association’s insurance coverage, the costs are treated as common expenses and may be funded through special assessments against all unit owners under Section 718.116.
• The association’s subrogation rights against the party responsible for the damage are preserved. If the association’s insurer pays the claim, the insurer may pursue the responsible party. If the association bears uninsured costs caused by a negligent unit owner, the association retains the right to recover those costs.
• A special assessment that exceeds the board’s authority under the declaration or statutes may require a membership vote. The association must follow the proper procedural requirements for levying special assessments.
• A unit owner who believes an assessment was improperly levied may challenge the assessment. The prevailing party in an action under Section 718.303 is entitled to reasonable attorney fees.
• Rule: The association has both a statutory duty under Section 718.113(1) and a contractual duty under the declaration to maintain, repair, and replace common elements. Exception: Limited common elements may be assigned to unit owners by the declaration. Application: When the association breaches this duty and damage results inside a unit, the owner may bring breach of contract and/or negligence claims for all proximately caused damages. See Section 718.113(1), Fla. Stat.
• Rule: Insurance allocation does not eliminate the association’s liability for maintenance failures. The unit owner’s right to pursue the association directly for consequential damages exists independently of any insurance coverage. See Section 718.113(1), Fla. Stat.

Common Expense vs. Unit Owner Responsibility: When Each Applies

Scenario	Who Pays	Legal Basis
Hurricane damage to roof (common element)	All unit owners — deductible is common expense	Section 718.111(11)(j), Fla. Stat.
Pipe burst in common element plumbing	All unit owners — deductible is common expense	Section 718.111(11)(j), Fla. Stat.
Pipe burst caused by negligent owner who failed to maintain unit plumbing	Responsible unit owner may be assessed for deductible and repair costs	Section 718.111(11)(j)1, Fla. Stat.
Water damage from unit owner leaving window open during storm	Unit owner potentially responsible if negligence is established	Section 718.111(11)(j)1, Fla. Stat.
Uninsured loss exceeding coverage limits (no single negligent party)	All unit owners via special assessment	Section 718.116, Fla. Stat.
Intentional damage by unit owner’s tenant	Unit owner (and tenant) responsible for deductible and repair costs	Section 718.111(11)(j)1, Fla. Stat.
Developer-era construction defect causing ongoing damage	Potentially developer responsibility; association may have separate legal claim	Section 718.111(11)(j); construction defect statutes

How This Issue Typically Comes Up

Hurricane deductible passed to all owners after a major storm

A condominium complex in the Fort Lauderdale area sustains significant roof damage after a hurricane. The association’s insurance policy carries a $200,000 hurricane deductible. The board levies a special assessment of $2,000 per unit to cover the deductible. Individual owners who sustained no damage to their units object, arguing they should not have to pay. Under Section 718.111(11)(j), the hurricane deductible is a common expense. The association may lawfully levy the special assessment against all unit owners, including those whose units were unaffected, because the roof is a common element maintained for the benefit of all owners.

Pipe leak from a negligent owner assessed to all owners

In a Miami-Dade condominium, a unit owner goes on vacation for several months without shutting off the water supply to the unit. A washing machine supply line fails, causing significant water damage to three units below. The association’s insurer pays the claim minus a $15,000 deductible. The board levies a special assessment against all owners to cover the deductible, without investigating the cause of the leak or invoking the negligent owner exception. The affected unit owners below submit a written request for records and discover that the association’s own plumber identified the absent owner’s supply line failure as the cause. The board had the authority under Section 718.111(11)(j)1 to assess the deductible against the negligent owner alone but chose not to.

Special assessment for uninsured losses with no reserve

Following a fire that destroys a mechanical room in a Tampa-area condominium, the association discovers that the cost of rebuilding the mechanical room exceeds insurance coverage by $80,000. The association has no operating reserves set aside for this type of loss. The board calls a special meeting and levies a special assessment against all unit owners. Several owners challenge the assessment, arguing the board failed to maintain reserves as required. Under Section 718.116, the costs of uninsured losses are common expenses. The association may levy the assessment, but the board’s failure to fund reserves may be a separate basis for a fiduciary duty claim.

Common Mistakes Associations Make

• Levying a special assessment for a deductible without investigating whether the negligent owner exception applies. When the cause of damage is known or reasonably discoverable, the board has an obligation to consider whether Section 718.111(11)(j)1 shifts responsibility before spreading the cost to all owners.
• Claiming the negligent owner exception without conducting any investigation or obtaining any evidence of negligence. The exception is not self-executing — the association must establish that the specific owner’s negligence or intentional conduct caused the damage.
• Simultaneously asserting that a single owner was negligent and levying the deductible against all owners. These positions are inconsistent. If the association is certain of negligence, it should pursue the negligent owner. If it is not certain, it should levy the deductible as a common expense and reserve subrogation rights.
• Failing to maintain adequate insurance coverage or reserve funds, then responding to shortfalls with emergency special assessments that homeowners are not prepared to pay.
• Not providing homeowners with an itemized accounting of what the special assessment covers and why it was needed. Transparency is not only good practice — it reduces the likelihood of an assessment challenge.

What Associations Typically Argue — and Why It Fails

“The deductible is a common expense, so we can assess all owners regardless of fault.”

This is the correct default rule under Section 718.111(11)(j). However, when the association has evidence of a specific owner’s negligence, relying on the common expense rule to avoid the more targeted assessment may expose the board to a claim that it failed to protect the interests of the non-negligent owners. The statute gives the association the authority — and arguably the responsibility — to pursue the negligent owner.

“We don’t have to prove negligence before assessing; we can sort it out later.”

Levying a special assessment against all owners for a loss caused by a specific owner’s negligence, without a basis for doing so, may itself be an improper assessment. Under Section 718.303, unit owners may challenge assessments that are not authorized by the governing documents or the statute.

“The special assessment for the uninsured loss is within the board’s authority.”

While the board has authority to levy assessments for common expenses under Section 718.116, special assessments that exceed the board’s authority under the declaration typically require a membership vote. An association that bypasses the required vote faces a challenge that the assessment is void.

How Courts Handle This

Florida courts addressing allocation disputes under Section 718.111(11)(j) examine whether the damage was caused by negligence or intentional conduct attributable to a specific unit owner or their occupants. The courts look for evidence connecting the cause of the damage to the owner’s conduct, including maintenance records, inspection reports, and expert testimony regarding the cause of loss.

When an association levies a deductible assessment against all owners without invoking the negligent owner exception — despite having evidence of negligence — the non-negligent owners may argue in court that the assessment was improper as to them. Courts will examine the board’s decision-making process and the evidence available at the time the assessment was levied.

Courts apply the business judgment rule to board decisions regarding assessments, meaning boards have discretion in how they respond to damage events. However, that discretion has limits: a board that ignores clear evidence of negligence and spreads costs to all owners may not receive the full protection of the business judgment rule.

Edge Cases and Nuances

• Association opt-out provision under Section 718.111(11)(k). Florida law permits a condominium association to modify its insurance responsibilities by adopting a provision under Section 718.111(11)(k). Under this opt-out, the association may assign responsibility for certain repair and reconstruction obligations to individual unit owners, shifting both the insurance requirement and the cost of losses back to the affected unit. If your association has adopted this provision, the standard common expense rule may not apply.
• Mixed causation: when damage has multiple contributing causes. Some water damage events involve both a common element deficiency (e.g., aging building plumbing) and a unit owner’s conduct (e.g., failure to shut off a water supply). In mixed causation cases, the allocation of responsibility is more complex. Courts and arbitrators may apportion responsibility between the association and the unit owner, or may conclude that the dominant cause controls the allocation.
• Inadequate reserves and the cycle of special assessments. Many Florida condominium associations entered 2024 and 2025 under significant financial pressure due to new reserve funding requirements enacted by the Legislature following the Surfside collapse. Associations that failed to fund reserves now face large deferred maintenance costs that may exceed insurance coverage. Unit owners in these communities should be aware that special assessments for uninsured losses are a common expense under Section 718.116 and may be levied by the board without a membership vote, depending on the declaration.
• Developer-era construction defects causing recurring damage. In some condominium communities, recurring water intrusion or structural damage is rooted in construction defects from the original developer. These defects may give the association a separate legal claim against the developer or its insurers. Association special assessments levied to cover losses attributable to construction defects should be scrutinized by homeowners to ensure the board is also pursuing available legal remedies against the responsible parties.

What Homeowners Should Do

1. Request the association’s official records related to the damage event. Under Section 718.111(12), you are entitled to inspect all records of the association within 10 working days of a written request. This includes the insurance claim file, the adjuster’s report, the cause-of-loss determination, the association’s investigation records, and the board minutes authorizing the special assessment.
2. Determine whether the association investigated the cause of the damage before levying the assessment. If the damage was caused by a specific owner’s negligence, the association had the option to assess that owner under Section 718.111(11)(j)1. Ask in writing whether the association considered this option and why it chose instead to levy a common expense assessment.
3. Review the association’s governing documents for any opt-out provision under Section 718.111(11)(k). If the declaration contains an opt-out, the standard rules may not apply and the association may have different repair and insurance obligations.
4. Verify that the special assessment was properly authorized. For assessments exceeding the board’s authority under the declaration, a membership vote may be required. If the board levied the assessment without the required vote, the assessment may be challengeable.
5. Document all communications with the association. Keep copies of all notices, meeting minutes, demand letters, and your written requests. If you challenge the assessment, this record establishes the timeline and supports your position.
6. Consult an attorney before paying a disputed assessment under protest or before filing a challenge. Paying without reservation may waive your right to recover. An attorney can advise you on the correct procedure for challenging a potentially improper assessment while protecting your rights.

When Legal Action May Be Necessary

Legal action may be warranted when the association levies a special assessment that was not properly authorized, when the association spreads a deductible to all owners despite clear evidence that one owner’s negligence caused the damage, or when the board bypasses the required membership vote for a large special assessment. Unit owners may challenge assessments through DBPR arbitration (if the dispute involves a statutory violation) or through circuit court. The prevailing party in an action under Section 718.303 is entitled to recover reasonable attorney fees.

If you are the unit owner accused of negligence and the association seeks to assess you for the entire deductible and repair costs, you have the right to contest the negligence finding and the amount of the assessment. The association bears the burden of establishing that your conduct caused the damage and that the costs being assessed against you are accurate.

Your Right to Sue the Association for Common Element Maintenance Failures

When damage inside your unit results from the association’s failure to maintain a common element — as opposed to another unit owner’s negligence — the association’s duty to maintain comes first. In that circumstance, the affected unit owner generally has two independent legal claims against the association.

First, the unit owner may bring a breach of contract claim. The declaration of condominium is a binding contract between the association and every unit owner. When the association fails to fulfill its maintenance obligations under the declaration and Section 718.113(1), that failure is a breach of contract. The unit owner may recover damages for all losses proximately caused by the breach, including damage to interior finishes, personal property, contents, and loss of use of the unit.

Second, the unit owner may bring a negligence claim. The association owes a duty of reasonable care in maintaining the common elements. When the association knew or should have known of a condition requiring repair and failed to act with reasonable diligence, the failure constitutes negligence. The unit owner may recover all damages proximately caused by the association’s negligent conduct.

These claims exist independently of insurance. The question of how costs are allocated between the association’s master insurance policy and the unit owner’s HO-6 policy is separate from the question of whether the association is liable for failing to maintain common elements. A unit owner may pursue the association directly for all damages proximately caused by the maintenance failure, including consequential damages such as interior finishes, contents, and loss of use, even if insurance coverage is disputed, denied, or inadequate.

Actionable Summary

Situation	Who Pays	Your Options
Hurricane or other insured event — no specific negligent owner	All owners via common expense deductible assessment	Verify assessment was properly authorized; request records if amount unclear
Water damage caused by negligent unit owner	Negligent unit owner under Section 718.111(11)(j)1 — but only if association properly invokes exception	Request records to confirm association investigated cause; challenge if deductible improperly spread to all owners
Uninsured loss exceeding coverage — no negligent party	All owners via special assessment under Section 718.116	Verify board had authority to levy without membership vote; review declaration
You are accused of negligence causing damage	Association may seek to assess you for deductible and repair costs	Contest negligence finding; verify amount is accurate; consult attorney before paying
Association has inadequate reserves leading to special assessment	All owners	Assess whether board breached fiduciary duty by failing to maintain reserves; consult attorney

Related Knowledge — Cross-Chapter Linking

Chapter 718 (Condos): Section 718.111(11) governs condominium insurance requirements and the allocation of costs after an insurable event. Section 718.111(11)(j) establishes the common expense rule for deductibles. Section 718.111(11)(j)1 creates the negligent owner exception. Section 718.111(11)(k) permits the opt-out. Section 718.116 governs assessment liability and collection procedures. Section 718.303 provides the enforcement mechanism with prevailing party attorney fees.

Chapter 720 (HOAs): HOA insurance requirements are governed by Section 720.303(6) and the governing documents. HOAs generally maintain property insurance on common areas rather than on individual homes. The allocation framework in Section 718.111(11)(j) does not apply directly to HOAs; the governing documents and the insurance policy terms control the allocation of deductibles and uninsured costs in HOA communities.

Cross-reference: The records access right under Section 718.111(12) is essential to investigating and challenging an improper assessment. Homeowners who request records after receiving a special assessment notice often obtain the evidence needed to determine whether the assessment was properly levied and whether the negligent owner exception should have been applied.

Frequently Asked Questions

Can my condo association really make me pay toward damage to a unit I have nothing to do with?

In most circumstances, yes. Section 718.111(11)(j), Florida Statutes, treats the insurance deductible as a common expense of the association, meaning all unit owners share the cost through their proportional interests. This rule applies even if your unit was completely unaffected by the damage. The exception is when the damage was caused by a specific owner’s negligence or intentional conduct — in that case, Section 718.111(11)(j)1 may allow the association to assess that owner directly for the deductible and repair costs.

What does “negligence exception” mean under Section 718.111(11)(j)1?

The negligence exception provides that when damage to condominium property is caused by a unit owner’s negligence or intentional conduct — or the conduct of their tenant, guest, or invitee — that owner, rather than the entire community, may be responsible for the insurance deductible and the costs of reconstruction or repair. For the exception to apply, the association must establish a causal link between the owner’s conduct and the damage. Negligence means a failure to exercise reasonable care, such as failing to maintain unit plumbing or leaving a window open during a storm that causes water intrusion.

Can the association levy a special assessment without a membership vote?

It depends on the amount and the association’s governing documents. Under Section 718.116, the board generally has authority to levy assessments for common expenses, including special assessments for uninsured losses. However, the declaration may require a membership vote for special assessments above a certain dollar amount per unit. Review your declaration carefully. A special assessment levied in excess of the board’s authority under the declaration without the required vote may be challengeable.

What is subrogation, and how does it affect my situation?

Subrogation is the right of an insurer that has paid a claim to step into the shoes of the insured and pursue the party responsible for the loss. Under Section 718.111(11)(j), the association’s subrogation rights against negligent parties are preserved. This means that even if your association’s insurer pays the claim and the deductible is initially treated as a common expense, the insurer may later pursue the negligent owner to recover the amount paid. If the insurer’s subrogation recovery reduces the association’s net loss, individual owners who contributed to the common expense deductible may benefit.

What should I do if I receive a large special assessment and believe another owner caused the damage?

Start by requesting the association’s official records related to the damage event under Section 718.111(12), Florida Statutes. Request the insurance adjuster’s report, the cause-of-loss determination, the board minutes authorizing the assessment, and any investigation records. If the records confirm that a specific owner’s negligence caused the damage, and the association chose to spread the cost to all owners without invoking the negligent owner exception, you may have grounds to challenge the assessment. Consult a Florida attorney who represents homeowners before filing any challenge.

Key Terms Defined

Common expense: Costs shared by all unit owners in proportion to their ownership interests, as defined in the condominium documents and Chapter 718. Insurance deductibles for covered damage to condominium property are treated as common expenses under Section 718.111(11)(j), Florida Statutes, unless the negligent owner exception applies.

Special assessment: An assessment levied by the association in addition to regular periodic assessments to cover extraordinary or unbudgeted costs. Special assessments for uninsured losses or deductibles are common expenses under Section 718.116, Florida Statutes. The board’s authority to levy a special assessment without a membership vote depends on the declaration and the amount of the assessment.

Subrogation: The legal doctrine under which one party (typically an insurer) that has paid a loss on behalf of another party steps into that party’s legal shoes and may pursue a claim against the party responsible for the loss. Section 718.111(11)(j) preserves the association’s and its insurer’s subrogation rights.

Insurance deductible: The amount the association is required to pay out of pocket before the insurance policy provides coverage. Under Section 718.111(11)(j), deductibles are a common expense. Under Section 718.111(11)(j)1, if damage is caused by a unit owner’s negligence, that owner may be responsible for the deductible rather than the community at large.

Negligence exception: The statutory rule in Section 718.111(11)(j)1, Florida Statutes, under which a unit owner whose negligence or intentional conduct caused damage to condominium property may be held responsible for the insurance deductible and costs of reconstruction or repair that would otherwise be a common expense.

Conclusion

Florida condominium law generally permits associations to spread the cost of insurance deductibles and uninsured losses to all unit owners as common expenses under Section 718.111(11)(j), Florida Statutes. However, this default rule is not absolute. When a specific unit owner’s negligence or intentional conduct caused the damage, Section 718.111(11)(j)1 provides the association with the authority — and arguably the obligation — to assess the responsible owner for the deductible and repair costs rather than spreading those costs to the entire community.

Understanding which rule applies in your situation requires a close examination of the cause of the damage, the association’s investigation, and the records underlying the board’s decision to levy the assessment. Homeowners who exercise their records access rights under Section 718.111(12) are far better positioned to evaluate whether an assessment was properly levied and to challenge it if it was not.

It is equally important to recognize that when damage results from the association’s failure to maintain a common element, the duty to maintain and the right to sue come first. Insurance is about payment allocation — it does not eliminate or replace the association’s underlying legal obligation. Unit owners affected by a maintenance failure have direct claims against the association, independent of any insurance coverage.

About the Author

Erik Andrew Perez, Esq. (Florida Bar No. 115564) is a co-founder of Perez Mayoral, P.A. and leads the firm’s homeowner-side association dispute practice. He represents condominium unit owners throughout Florida in assessment disputes, records access enforcement, insurance allocation challenges, and governance matters under Chapter 718. He has been featured by CBS, NBC, and the Daily Business Review on HOA and condominium law matters.

How We Can Help

If the association’s failure to maintain a common element causes damage inside your unit, you may have a claim against the association for breach of the declaration and negligence, in addition to any insurance benefits, and our firm handles these cases for Florida condominium owners.

If your condominium association has levied a special assessment you believe was improperly allocated — either by ignoring the negligent owner exception or by bypassing the required membership vote — the attorneys at our firm can review the association’s records, analyze the legal basis for the assessment, and advise you on your options. We represent homeowners only. We never represent associations. Our offices are in Coral Gables, Tampa, and Orlando.

Contact Perez Mayoral, P.A. to schedule a consultation.

Disclaimer: This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Laws change; consult a licensed Florida attorney for advice specific to your situation.

Sources and References

• Section 718.111(11)(j), Florida Statutes (Insurance Deductible — Common Expense)
• Section 718.111(11)(j)1, Florida Statutes (Negligent Owner Exception)
• Section 718.111(11)(k), Florida Statutes (Association Insurance Opt-Out)
• Section 718.116, Florida Statutes (Assessment Liability)
• Section 718.115, Florida Statutes (Common Expenses)
• Section 718.303, Florida Statutes (Obligations; Prevailing Party Fees)
• Section 718.111(12), Florida Statutes (Official Records — Condominiums)