Disputes over maintenance responsibilities are common in condominium communities. Unit owners and associations often disagree about who is responsible for maintaining specific areas of the property. Under Florida law, a condominium association’s maintenance obligations generally relate to the common elements and are governed by both statute and the condominium declaration. Florida Statute 718.113 provides that the association is responsible for maintaining the common elements, although the declaration may assign responsibility for certain limited common elements either to the unit owners who use them or to the association as a shared expense. In addition, Florida Statute 718.108 defines common elements to include all condominium property not contained within the individual units, easements for utilities running through units, structural support components, and installations serving more than one unit or the common areas.
Condominium declarations often expand on this statutory definition. Many declarations classify everything outside the interior walls of a unit as a common element. When a declaration designates certain areas as common elements, the board has a legal duty to ensure those areas are properly maintained. For that reason, board members must be thoroughly familiar with the governing documents so they can fulfill the association’s maintenance responsibilities and avoid unnecessary disputes or liability.
Although inspection and maintenance requirements continue to evolve, some Florida counties have long imposed structural reinspection mandates. For example, Miami-Dade County and Broward County require certain buildings to undergo recertification inspections forty years after construction and every ten years thereafter. As state and local governments continue refining inspection laws, boards should take proactive steps to address maintenance concerns before they escalate into costly or dangerous problems.
Proactive measures may include implementing regular inspection checklists to ensure all common elements are reviewed annually or at other appropriate intervals, properly budgeting for ongoing maintenance, maintaining sufficient reserve and emergency funds for major repairs, and hiring a qualified condominium property manager to oversee day-to-day upkeep. Taking these steps can significantly reduce the risk of deferred maintenance issues and potential litigation.
With respect to personal liability, condominium associations must be organized as Florida corporations pursuant to Florida Statute 718.111. This corporate structure generally protects board members from personal liability for ordinary negligence claims against the association. Additionally, under the “business judgment rule,” board members are typically shielded from liability for decisions made in good faith and within the scope of their authority.
However, personal liability can arise in limited circumstances. Florida Statute 718.303 permits actions against board members in their individual capacity if they willfully and knowingly fail to comply with the Condominium Act. Similarly, Florida Statute 617.0834 allows individual liability for not-for-profit directors if their conduct constitutes a criminal violation, is reckless, is committed in bad faith or with malicious purpose, or results in improper personal benefit. Although these standards set a high bar, board members must remain mindful of their fiduciary duties and avoid conduct that could expose them to personal risk.
In sum, while board members are generally protected from personal liability, they must fully understand the association’s maintenance obligations under both the governing documents and Florida law. They owe a fiduciary duty to act in the best interests of the unit owners, which includes maintaining common elements responsibly and avoiding reckless or self-interested behavior. Establishing organized, well-funded, and proactive maintenance practices will help protect the community, reduce disputes, and minimize the risk of litigation.