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Property & Casualty Insurance/condo leak from different unit ... who is responsible?



I read in another response you wrote that "Unless the unit owner above you knew there was a problem and ignored it, she is not responsible for any damage to your unit."

I was wondering where I can see the law that pertains to this answer.  My neighbor beneath my condo complained that there was a leak coming from my condo.  As soon as she mentioned it, I took care of the problem.  Now, she has a lawyer and wants to sue me for the damages to her unit.

Am I responsible or is she?

Thanks for the help!

ANSWER: Hi Shiri,

We live in a wonderfully free country. Unfortunately, that also allows the freedom to sue anyone anytime for anything. It's then up to the courts to determine the validity of that suit. Hopefully her attorney will read the statute and realize this is a waste of time and money.

The Statute is 718.111(11). The specific subsection is  (j). Here is a link to the Statute:

Let me know if you have additional questions.

---------- FOLLOW-UP ----------

QUESTION: Thank you for your response!  But, I am confused in regards to the following provision in Statute is 718.111(11). The specific subsection is  (j).  Doesn't this mean that I am responsible for the damage in her condo if the leak came from mine? (specifically, "repair or replacement of personal property of other unit owners or the association")

2. The provisions of subparagraph 1. regarding the financial responsibility of a unit owner for the costs of repairing or replacing other portions of the condominium property also apply to the costs of repair or replacement of personal property of other unit owners or the association, as well as other property, whether real or personal, which the unit owners are required to insure.

Thanks again!


I apologize for the delay in my response.  For some reason I missed your second question.  

Sub-paragraph 2. only applies if the negligence requirement is met in Sub-paragraph 1.  So, unless the damage to the unit below you was the result of an intentional act or negligence on your part, the damage to the other unit owner's property would not be your obligation.

Let me know if you have additional questions.  

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Jay K. Williams, AAI, AIP, CIC, CRM


I can answer questions relating to the following coverages: personal auto; homeowners; commercial auto; commercial liability; commercial property; business income and all other property and casualty coverages.


I have been in the insurance industry in Florida since 1979. I am currently the president of a Florida domestic insurance company subsidiary. I've taught continuing education classes in Florida and across the country. I am quite familiar with all coverages including Florida Condominium master policies and unit owner policies. I also specialize in agent professional liability. I have been a professional educator since 2001.

I am a member of the Florida Associaion of Insurance Agents, the state affiliate of the Independent Insurance Agents and Brokers of America.

I currently carry the following professional designations: Accredited Advisor in Insurance (AAI) Associate in Insurance Production (AIP) Certified Insurance Counselor (CIC) Certified Risk Manager (CRM)

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