Question:
We have a few carports in our HOA community. They are owned by specific individual condo owners. The carport insurance policy is part of the overall HOA association’s property; not the individual condo owners units. Previous to this year, we were asked to pay a portion of the insurance costs on the carports based on a sq ft portion. This year they want us to pay the entire cost of the carport insurance costs. Not only that, they feel they can go back five years and refigure what our portion of the entire costs of the carport insurance should have been and charge us for the differential.
So basically, the HOA doesn’t own any part of the carports. Can you shed some light on this issue?
– Lavergne
Answer:
Hi Lavergne,
Who has to pay the carport insurance may depend on whether or not they’re considered common areas. According to the Florida Condominium Act Section 718.108, common elements include condo elements outside units, easements for furnishing utilities, support easements, and other parts of the condo designated in the declaration. Kindly check the governing documents to see whether there are any specifications that classify the carports as common elements. These are the HOA’s responsibility.
However, this may also depend on whether the carports are classified as limited common elements. According to Section 718.113, maintenance of limited common elements is the responsibility of the unit owner to whom the common element is assigned. In that case, the unit owner(s) may be responsible for insurance. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
