Your community's recorded declaration decides who is responsible for a townhouse roof in Florida. Florida Statutes 718 for condominiums and 720 for homeowners' associations set the framework, but neither names roofs. Read your declaration, then ask your association in writing. This is general information, not legal advice.
Water is coming through a shared roof and you are not sure who calls the roofer. Here is how to find the answer in your own documents.
Your community's recorded declaration decides. If you live in a condominium, the association usually keeps up the common elements. If you live in a homeowners' association, the declaration says who owns the job. This is general information, not legal advice.
There is no single Florida rule that says the owner or the association pays for a townhouse roof. The answer depends on how your community was set up, and on the exact words in its recorded documents. Two state laws shape the picture. Chapter 718 covers condominiums. Chapter 720 covers homeowners' associations. A townhouse can fall under either one, or under neither if there is no association.
Start with one question: do you own your unit and an undivided share of shared property (a condominium), or do you own your lot and the building on it and belong to an association (a homeowners' association)? Your closing papers, your title records and your declaration answer it. If you cannot tell, ask your association manager, or an attorney.
Florida Statute 718.113(1) says maintenance of condominium common elements is the association's responsibility, except for limited common elements the declaration assigns to the unit owner. The statute does not mention roofs by name. Whether your roof counts as a common element is spelled out in your declaration, not in the statute.
A written photo report shows what is wrong with the roof and where. It gives you something concrete to bring to your association or property manager. Coastline Roofing works all over Florida (license CCC1331076).
Each setup has a different starting point. The declaration is the final word in all of them.
| Type of ownership | Which law applies | Where the answer comes from |
|---|---|---|
| Condominium townhouse | Chapter 718 | The declaration. 718.113(1) makes the association responsible for common elements unless the declaration says otherwise. |
| Townhouse in a homeowners' association | Chapter 720 | The recorded declaration of covenants. 720.305(1) says members and the association must follow it. |
| Townhouse with no association | Neither chapter | Your deed and any written agreement with neighbors on shared walls and roofs. You may carry the whole cost yourself. |
In a condominium, the statute says the association must provide for the maintenance, repair and replacement of the condominium property. A condominium's declaration can still hand the roof over a unit to the owner as a limited common element, which is a common element reserved for certain units. That is why two neighbors in different buildings can get different answers.
In a homeowners' association, Florida Statute 720.301 defines the governing documents as the recorded declaration of covenants, plus the articles of incorporation and bylaws. Chapter 720 says members and the association must comply with them. If the declaration says the association maintains roofs, it does. If it says owners maintain them, owners do, and the association may set rules on color, material and approval.
Six places to read before you call anyone.
Search the declaration for the words roof, roofing and exterior. See who is named to maintain, repair and replace.
In a condominium, the declaration marks where your unit ends. If the boundary is the inside of the walls and ceiling, the roof sits outside the unit.
If the declaration assigns a roof, balcony or section to certain units, the cost may fall on those owners. 718.103 defines a limited common element as one reserved for certain units to the exclusion of others.
A condominium association must carry property insurance on the condominium property as originally installed (718.111(11)). Your own policy covers what the association's does not. Your policy and your insurer decide that.
Many communities require approval of roof color and material before work starts. See HOA roof approval in Florida.
Ask for the latest budget and any reserve study. They show whether roof replacement is funded and when it is planned.
The association pays from reserves or a special assessment when it owns the job. Each owner then pays a share through dues or an assessment.
Condominium associations have a rule on reserves. Florida Statute 718.112(2)(f) says reserve accounts for capital expenditures and deferred maintenance must include, among other things, roof replacement. The amount is worked out with a formula based on estimated remaining useful life. For buildings three stories or higher, the law also requires a structural integrity reserve study at least every 10 years, and roof is the first item on its list.
Homeowners' associations work differently. Under 720.303(6), reserves are optional unless a majority of the voting interests approve them, and the approval must name the components, such as roofs. Members can also waive or reduce reserves for a single budget year by majority vote. So an HOA with no reserve for roofs may need to collect a special assessment when roofs wear out.
When a condominium raises a special assessment, Florida Statute 718.116(10) says it must state its specific purpose in a written notice to each unit owner, and the money may only be used for that purpose. A unit owner is liable for all assessments that come due while he or she is the owner.
Ask for the budget and reserve schedule before you buy, or at renewal time, if you are in a community with older roofs.
Report it in writing to the association or manager, photograph the damage, and call your own insurer. Do not hire a roofer to work on a common roof without written approval.
Photograph ceiling stains, wet walls and anything in the attic you can safely see. Note when it rained and when you first noticed it.
Email or send a letter to the manager or board. A written report creates a record you can point to later.
Find the roof clause. If the association maintains the roof, it hires and pays the roofer. If the owner does, you do.
Florida Statute 718.111(11)(f)3 says a condominium association's property coverage leaves out unit-level items such as personal property, appliances, and floor, wall and ceiling coverings. Your policy and your insurer decide what is covered.
A repair done without approval may conflict with the declaration and lead to a dispute over who owes the bill. Ask for written approval first.
A condominium owner can ask a lawyer about the association's duty under the declaration. Florida's state arbitration program for condominiums, in 718.1255, does not cover claims for damages to a unit from the association's failure to maintain common elements, so talk to an attorney.
Townhouses share walls with fire ratings, and one county's permit form says townhouse reroofs get an extra roof sheathing inspection to confirm the fire separation is kept, with no roof vents or penetrations within 4 feet of a fire wall. Local rules vary, so ask your building department what applies.
Document the problem, get a written roof inspection, and bring it to the board or your property manager.
Boards respond to facts. A written report with photos of the roof, the date of the damage and the location of leaks makes it easier to act. See what a roof inspection includes and roof inspections. If your roof is old, the signs you need a new roof will help you describe it.
If your association decides to replace, it will probably collect bids. Our guides on comparing roof quotes and questions to ask a roofer work for a board as much as for a homeowner.
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It depends on the declaration. Chapter 720 says members and the association must follow the governing documents, and those documents say who maintains roofs. Some HOAs maintain them from dues or reserves. Others leave it to each owner. This is general information, not legal advice.
Often, but not always. Florida Statute 718.103 defines common elements as the portions of the condominium property not included in the units. Your declaration says where the unit ends. If the roof sits outside the unit, it is usually a common element. The declaration decides.
A condominium association can, if its documents allow. Florida Statute 718.116(10) says the written notice must state the specific purpose, and the money may only be used for that purpose. Check your declaration and talk to an attorney about your case.
The association's property policy covers the condominium property as originally installed. It leaves out items such as personal property, appliances, and floor, wall and ceiling coverings. Your own policy and your insurer decide what is covered inside your unit.
Check first. If the declaration makes the association responsible, work you start on your own can cause a dispute and a bill. Ask the board for written approval before any work starts.
A written photo report and a straight answer on what the roof needs.
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