Q: I replaced my condominium windows a few years ago with high impact glass. The original building provided by the developer did not have hurricane glass. My condominium documents provide that I am responsible to repair, replace and maintain the windows in my unit. Can you please let me know who insures the windows?
– L.R., Hutchinson Island
A: It is possible that your association’s governing documents would require a different analysis, and therefore I would need to review the condominium documents to provide a complete answer, but the short answer is that the Association is likely responsible to insure for the value of the original windows, and you may obtain insurance to cover the difference in the cost of the upgraded windows. Florida Statutes, Section 718.111(11)(f) requires the Association’s insurance policy to cover all portions of the condominium property as originally installed or replacement of like kind and quality, in accordance with the original plans and specifications. Because the windows were originally non-hurricane impact glass, the above statute would only require the Association to maintain insurance for the cost of “replacement of like kind and quality,” which would be less than the cost of your upgraded impact windows. As part of your individual insurance policy, you should be able to obtain insurance for the difference, because your documents specifically require you to maintain, repair and replace your windows. Accordingly, I recommend that you have a Florida licensed attorney review your association’s governing documents, as well as having your insurance broker review the coverage that the association has to help you determine how much additional coverage that you need.
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Avi S. Tryson, Esq., is Partner of the Law Firm Goede, DeBoest & Cross. To ask Mr. Tryson questions about your issues for future columns, send your inquiry to: question@gadclaw.com. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, DeBoest & Cross, or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.
