Water doesn’t respect unit lines. A supply line bursts upstairs, an A/C drain backs up, or rain gets in through a building wall, and suddenly two or three units and a hallway are wet.
The first question everyone asks is, “Who pays?” In Florida, the answer usually depends on three things: what got damaged, what caused it and what your condominium documents say. Florida’s Condominium Act sets the basic framework, so let’s start there.
This article is general information about Florida condominiums (Chapter 718). HOAs for single-family homes follow different rules (Chapter 720) and their own documents. For legal questions about your documents or a dispute with your association or a neighbor, talk to a Florida attorney.
The basic split: the association’s policy vs. your HO-6
Florida law requires every residential condominium association to carry adequate property insurance (Fla. Stat. § 718.111(11)). Since 2009, that master policy must provide primary coverage for the condominium property as originally installed, or replacement of like kind and quality.
The same statute lists what the association’s policy must exclude if it’s inside your unit and serves only your unit. That list is the responsibility of the unit owner, which is why you carry a condo unit owner (HO-6) policy:
- Personal property inside the unit
- Floor, wall and ceiling coverings (flooring, paint, wallpaper, tile)
- Electrical fixtures
- Appliances
- Water heaters and water filters
- Built-in cabinets and countertops
- Window treatments (curtains, drapes, blinds and hardware)
So, in a typical covered water loss, the association handles things like drywall, framing and common elements, and the unit owner handles finishes, cabinets, appliances and belongings. Your declaration may add detail, and some associations have opted out of parts of the statutory allocation by a vote of the owners (§ 718.111(11)(k)), so always check your documents.
“Insurable event” is the key phrase
Under § 718.111(11)(j), when association-insured property is damaged by an insurable event, the association must repair it as a common expense. The statute doesn’t define “insurable event,” but it’s generally understood to mean a sudden, accidental event of the kind property insurance covers, such as a burst pipe.
Slow, ongoing leaks are often treated as maintenance issues instead. In that case, responsibility usually follows the maintenance provisions of your declaration or bylaws.
Deductibles and negligence
Two more rules from § 718.111(11)(j) matter here:
- Deductibles and amounts above coverage on the association’s policy are generally a common expense shared by all owners.
- Exception for negligence. If damage was caused by a unit owner’s (or their family’s, tenants’ or guests’) intentional conduct, negligence or failure to follow the declaration or rules, that owner can be responsible for repair costs not paid by insurance.
There’s also a reporting trap: the association isn’t required to pay for repairs as a common expense if the owner knew or should have known about the damage and didn’t report it until after the association’s claim was settled, or denied as untimely (§ 718.111(11)(j)4.). Report water damage to your association right away.
Common condo leak scenarios
| Scenario | Who usually handles what |
|---|---|
| Upstairs neighbor’s supply line bursts and water reaches your unit | Association: drywall/structure if an insurable event. You (HO-6): flooring, cabinets, contents. Neighbor may be responsible for uninsured costs if negligent. |
| Roof or exterior wall leak into a unit | Often the association, as these are common elements; interior finishes may still fall to the owner. |
| Your own water heater or dishwasher leaks | Your HO-6 for your finishes and contents; association for drywall if an insurable event. |
| A shared stack or riser pipe leaks | Usually the association (common element), but check the declaration. |
| Long-term slow leak under a sink | Often a maintenance issue; documents decide responsibility. |
These are typical outcomes, not guarantees. Your declaration and both insurance policies control.
What to do in the first 48 hours
- Stop the water. Shut off your unit’s water valve if the leak is yours, and alert the neighbor and the manager immediately if it isn’t.
- Notify the association in writing. Email the property manager and board with photos, the time you noticed the leak and the units affected.
- Document everything. Take photos and video of ceilings, walls, floors, cabinets and belongings before anything is removed.
- Start drying. Mold can begin to grow quickly in Florida’s humidity. Keep receipts for any mitigation work.
- Report to your HO-6 insurer. Even if you think the association or a neighbor is responsible, your policy’s notice requirements still apply. Florida bars new property claims reported more than 1 year after the date of loss (Fla. Stat. § 627.70132).
- Find out where the leak came from. A leak-detection report is often the most important document in the whole claim.
Loss assessments: your HO-6 may help
If the association levies a special assessment after a covered loss, for example to cover the master-policy deductible, your HO-6 policy’s loss assessment coverage may help. Florida requires unit owner policies to include at least $2,000 of loss assessment coverage (Fla. Stat. § 627.714). Notice of a loss assessment claim generally must be given within 1 year after the date of loss or within 90 days after the board votes to levy the assessment, whichever is later, but no later than 3 years after the date of loss (§ 627.70132(4)).
Where a public adjuster fits in
Condo water claims often involve two or three insurance policies and a disagreement about the source. A licensed public adjuster can document the damage in your unit, prepare an itemized estimate and present your HO-6 claim. For associations, we can handle the master-policy claim on behalf of the board. A public adjuster can’t resolve legal disputes between owners and the association; those questions belong with an attorney.
Frequently asked questions
Who is responsible for a water leak from the condo above me in Florida?
It depends on the source and the damage. If the leak was a sudden, insurable event, the association typically repairs drywall and structure it insures, and you repair finishes, cabinets and belongings through your HO-6. The upstairs owner may be liable for uninsured costs if they were negligent.
Does the condo association’s insurance cover water damage inside my unit?
Partly. The master policy covers the condominium property as originally installed, but by statute it excludes floor, wall and ceiling coverings, fixtures, appliances, water heaters, cabinets, countertops and personal property inside your unit (Fla. Stat. § 718.111(11)(f)).
Who pays the master policy deductible?
Generally all owners, as a common expense, unless a unit owner’s negligence caused the loss (§ 718.111(11)(j)). Your HO-6 loss assessment coverage may help with your share.
Should I file a claim with my HO-6 if a neighbor caused the leak?
Often, yes. Your insurer can pay your covered damage and then pursue the responsible party. Waiting for a neighbor to pay can put you at risk of missing your own policy’s deadlines.
Need help sorting out a condo water claim?
Whether you’re a unit owner or on the board, we can help you understand what each policy should cover. Call 888-888-8591 or visit www.NorthsideAdjusters.com for a free claim review.
Learn more about our condo association and HOA claim services and water damage claim help.
Sources
- Fla. Stat. § 718.111(11), Condominium insurance (2026): https://www.flsenate.gov/Laws/Statutes/2026/718.111
- Fla. Stat. § 627.714, Unit owner coverage; loss assessment (2026): https://www.flsenate.gov/Laws/Statutes/2026/627.714
- Fla. Stat. § 627.70132, Notice of property insurance claim (2026): https://www.flsenate.gov/Laws/Statutes/2026/627.70132
