If the declaration does not provide for the cost of such services as a common expense, the board may enter into such a contract, and the cost of the service will be a common expense.Can a condominium board waive a requirement from the condo docs for an owner?Specifically allowing a unit owner to forgo putting down a sound barrier under new flooring. Unit owner is asking that the Board to not require him to put down an under layer because he is on the second floor with no units under him. There is also concern that noise would emanate to the next-door units.The board does not have the authority to waive a requirement for a sound barrier.
For example a unit owners water heater bursts and the water heater is 15 years old.
Who insures what part of a condominium is not determined simply by whether the element in question is a part of the unit or a part of the common elements.
The association and the unit owner both should file a claim with their respective property insurance.
However, Paragraph (f) also states that the association policy "must exclude 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 counter tops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing which are located within the boundaries of the unit and serve only such unit.
Such property and insurance thereupon is the responsibility of the unit owner."provides that: "Any portion of the condominium property, that must be insured by the association against property loss pursuant to paragraph (f) which is damaged, shall be reconstructed, repaired or replaced as necessary by the association as a common expense."Some exceptions are then listed in paragraph (j) such as if the damage was caused by the negligence of the owner or if the owner failed to timely reports the property loss to the association which damage or loss would then be the responsibility of the owner rather than the association. Stat 718.111 (11), a condominium associations members may vote, by the approval of a majority of the total voting interests, to opt-out of the provisions of paragraph (j) for the allocation of repair or reconstruction expenses related to a casualty loss and instead allocate repair or reconstruction expenses in the manner provided in the declaration as originally recorded or amended.