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  1. #1
    Join Date
    Jun 2012
    Posts
    5

    Default Re: Opt-Out Vote Made Owners Responsible for More Repairs Than the Board Represented

    The text that we voted to approve is #4. We were never given the complete language of the Florida Statute. I will include the complete language at the bottom of my reply.

    4. Shall the Association opt out of the provisions of section 718.111 (11)(j), Florida Statutes, and allocate repair and reconstruction expenses in the manner provided in the Declaration of Condominium?

    By voting to opt out of the Florida Statutes 718.11 (11) (j), we reverted back to the provision in the Declaration of Condominium which states that invididual owners shall be responsible for "All doors within the unit including those which open to the unit from an entranceway or the outside, interior walls and partitions, wall decorations and built-in furniture, windows, and window apparatus and glass, sliding glass doors, screens and screen supports."

    In the past, the condominium association has always paid to repair my interior wallboard which has been damaged a minimum of 6 times in heavy storms. When the vote was taken to opt-out, as you can see in the explanation that was provided to us, we thought we were just voting to re-affirm that individual unit owners would be responsible for their own windows and doors, which has always been the case. By opting out of the Florida statute, all owners are now responsible for the repair of their interior wallboard. This was not explained to us prior to the vote.

    Here is the text of 718.111(2)(f) that I was able to locate which we voted to opt out of:

    According to Section 718.111(11) (f) Florida Statutes, the Association’s policy of hazard insurance covers “all portions of the condominium property as originally installed or replacement of like kind and quality, in accordance with the original plans and specifications” EXCEPT “all personal property within the unit or limited common elements, and floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing.”

    This means that the Association insures everything except those items expressly excluded by the Statute, including but not limited to all drywall and a/c components inside and outside the Units.

    Thus, in the typical leak into the Unit scenario the Association’s insurance covers ALL drywall (boundary, ceiling and partition) in the Unit for losses caused by a covered hazard. The Association’s insurance also covers all other damage except that caused to the excluded items listed above.

    - - - Updated - - -

    The text that we voted to approve is #4. We were never given the complete language of the Florida Statute. I will include the complete language at the bottom of my reply.

    4. Shall the Association opt out of the provisions of section 718.111 (11)(j), Florida Statutes, and allocate repair and reconstruction expenses in the manner provided in the Declaration of Condominium?

    By voting to opt out of the Florida Statutes 718.11 (11) (j), we reverted back to the provision in the Declaration of Condominium which states that invididual owners shall be responsible for "All doors within the unit including those which open to the unit from an entranceway or the outside, interior walls and partitions, wall decorations and built-in furniture, windows, and window apparatus and glass, sliding glass doors, screens and screen supports."

    In the past, the condominium association has always paid to repair my interior wallboard which has been damaged a minimum of 6 times in heavy storms. When the vote was taken to opt-out, as you can see in the explanation that was provided to us, we thought we were just voting to re-affirm that individual unit owners would be responsible for their own windows and doors, which has always been the case. By opting out of the Florida statute, all owners are now responsible for the repair of their interior wallboard. This was not explained to us prior to the vote.

    Here is the text of 718.111(2)(f) that I was able to locate which we voted to opt out of:

    According to Section 718.111(11) (f) Florida Statutes, the Association’s policy of hazard insurance covers “all portions of the condominium property as originally installed or replacement of like kind and quality, in accordance with the original plans and specifications” EXCEPT “all personal property within the unit or limited common elements, and floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing.”

    This means that the Association insures everything except those items expressly excluded by the Statute, including but not limited to all drywall and a/c components inside and outside the Units.

    Thus, in the typical leak into the Unit scenario the Association’s insurance covers ALL drywall (boundary, ceiling and partition) in the Unit for losses caused by a covered hazard. The Association’s insurance also covers all other damage except that caused to the excluded items listed above.

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Opt-Out Vote Made Owners Responsible for More Repairs Than the Board Represented

    Quote Quoting bangs111
    View Post
    .

    "All doors within the unit including those which open to the unit from an entranceway or the outside, interior walls and partitions, wall decorations and built-in furniture, windows, and window apparatus and glass, sliding glass doors, screens and screen supports." .
    Unless I'm reading it wrong, doesn't this go into opting out of interior walls. meaning wallboards??

  3. #3
    Join Date
    Jun 2012
    Posts
    5

    Default Re: Opt-Out Vote Made Owners Responsible for More Repairs Than the Board Represented

    Yes, it does goe into opting out of wallboards. My point is that we were never told that we were never given the language of the statute. The explanation of the statute we were given only referred to out vote allowing us to opt out of the condo association opting out of maintaining windows and doors. Windows and doors are not part of the statute. Thus, I feel a re-vote is warraned as we were mislead. Thoughts anyone?

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