Post Casualty Repairs: The Legal Line Between Association and Owner Responsibility – Insights From Association Leadership Webinar Series S7, E1
October 29, 2025
In the latest episode of Castle Group’s Association Leadership Webinar Series, Season 7, Episode 1, Executive Vice President of Field Operations Brian Street, and Donna DiMaggio Berger, shareholder at Becker, discussed navigating the complexities of post-casualty events in community associations.
Understanding Condo and HOA Ownership Responsibilities
The foundation of any post-disaster recovery plan starts with understanding ownership and maintenance responsibilities. In condominiums, owners generally own the interior “white box” of their units and share prorated ownership of common elements. The governing documents, including the declaration and plats, define unit boundaries and outline who is responsible for property maintenance, repairs, and replacements.
For homeowners’ associations (HOAs), determining ownership and responsibility can be more complex. Owners must reference surveys, plats, and deeds to understand their responsibilities.
Immediate Response to HOA and Condo Casualty Events
Whether it’s a hurricane, burst pipe, or property damage caused by landscapers, associations and property managers must assess the extent of damage quickly. For condominiums, boards and managers must:
- Identify affected areas
- Initiate water mitigation and structural drying
- Notify their insurance carrier and legal counsel immediately
Associations are typically responsible for restoring drywall, baseboards (if originally part of the unit), windows, and exterior doors. Owners are responsible for all interior finishes, including flooring, cabinetry, wallpaper, and fixtures. This distinction emphasizes the critical need for condo owners to carry HO6 insurance policies that cover these elements.
The Crucial Role of HO6 Condo Insurance
An HO6 insurance policy protects a unit owner’s personal property and interior improvements not covered by the association’s master policy. Without this coverage, owners may face long delays and personal financial loss after a disaster. While Florida law doesn’t require HO6 policies, condo boards can require them through screening criteria for new owners or tenants. Adding the association as an additional insured also ensures the board is notified of any policy cancellations or lapses.
Mitigating Mold and Water Damage in Condo and HOA Units
Prompt action is essential to prevent mold growth and additional damage. Boards should adopt water leak and absentee owner policies that require:
- Immediate leak reporting
- Water shut-off for extended absences
- Appointment of a caretaker for unoccupied units
These policies help establish negligence if owners fail to act and allow associations to recover costs incurred due to inaction.
HOA Tree and Swale Maintenance and Storm Liability
HOAs often face issues with large trees originally planted by developers. If an association-owned tree falls and causes property damage due to lack of maintenance, the association may be liable. Homeowners must also understand their responsibilities for privately owned trees and avoid obstructing access to utility or drainage easements.
Funding Disaster Repairs and HOA Reserve Fund Usage
Following a casualty event, associations must carefully assess how to fund necessary repairs. Structural Integrity Reserve Study (SIRS) funds can only be used for designated components. Non-SIRS reserves may be available for broader repair needs, depending on governing documents and potential membership approval.
Associations should avoid rushing into large contracts immediately after a disaster. Instead, they should focus on:
- Securing the building (e.g., tarping the roof)
- Assessing long-term repair needs
- Vetting contractors thoroughly with legal review
Every HOA and condo board must understand their governing documents, collaborate with legal and insurance experts, and implement proactive disaster response policies. Property damage events are inevitable, being prepared ensures faster recovery, protects property values, and reduces association liability.
To watch the full webinar on Post Casualty Repairs: The Legal Line Between Association and Owner Responsibility, visit https://castlegroup.com/webinar/post-casualty-repairs-the-legal-line-between-association-and-owner-responsibility/.
To learn more about how Castle Group can serve your community, request a proposal at https://castlegroup.com/request-a-proposal/.
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