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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117375
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My rooftop a/c unit damaged during hurricane is hoa

Customer Question

My rooftop a/c unit damaged during hurricane is hoa responsible?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Not automatically they are not responsible. The responsibility of the Association for damage depends on whether or not they define the unit as a common or limited common element or not. If the unit is not defined either as a common or limited common element in your association bylaws, then it is not covered. So to answer your question, you have to read your association bylaws as the law does not say specifically an HVAC unit is or is not common element, it is up to the individual association under FL Statutes.
Also, the best way to deal with this is file a claim with BOTH your own insurer and the association insurer and let the two of them fight it out.

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