When you own a second home in Southwest Florida, the first question after "what needs doing?" is "whose job is it?" The answer depends heavily on the type of property. A condominium unit, a house in a homeowners' association (HOA) community, and a single-family home with no association each divide maintenance, insurance and storm responsibilities differently. This guide explains the general framework under Florida law, how to find the answer for your own property in your documents, and how seasonal owners can make sure nothing falls through the cracks while they are away.
This is general information, not legal or insurance advice. Your recorded documents control the details, and an attorney, your association's manager or your insurance agent can answer questions about your specific property.
The short version
- Condominium (Chapter 718, Florida Statutes). You own your unit plus an undivided share of the common elements. The association maintains the common elements (typically the structure, roof, exterior and shared systems), and the declaration of condominium spells out what you maintain inside and attached to your unit.
- HOA community (Chapter 720, Florida Statutes). You own your house and lot (your "parcel"). The association usually maintains common areas such as roads, entry features, ponds, amenities and sometimes landscaping, and enforces architectural rules. In many HOA communities the declaration leaves the house itself โ roof, walls, windows, A/C, plumbing โ to the owner, but some communities (especially villas and attached homes) assign extra items to the association.
- Single-family home with no association. Everything on the property is yours to maintain, insure and protect, subject only to building codes and local ordinances.
In every case, the details live in recorded documents, so start there.
Condos: what Chapter 718 says about maintenance
Florida's Condominium Act defines a unit as the part of the condominium property subject to exclusive ownership, common elements as the portions of the condominium property not included in the units, and limited common elements as common elements reserved for the use of a certain unit or units, as specified in the declaration (s. 718.103). Balconies, lanais, assigned parking spaces, storage closets and A/C pads are common examples of limited common elements, but only your declaration says for sure.
Section 718.113(1) makes maintenance of the common elements the association's responsibility, except for any maintenance responsibility for limited common elements the declaration assigns to the unit owner. The declaration can also say that limited common elements are maintained by the owners who use them, or by the association with the cost shared only by those owners. That is why two condos in the same town can handle balcony repairs, sliding doors or A/C units completely differently.
A few other points in Chapter 718 matter to seasonal owners:
- Don't touch the structure. A unit owner may not do anything in the unit or on the common elements that would adversely affect the safety or soundness of the common elements or association-maintained property (s. 718.113(3)). Most associations require written approval before renovations, flooring changes, plumbing relocations or work on load-bearing walls; read your rules before you hire a contractor.
- The association can get in. The association has an irrevocable right of access to each unit during reasonable hours when necessary to maintain, repair or replace common elements or association-maintained parts of a unit, or to prevent damage to the common elements or a unit (s. 718.111(5)(a)). In practice, this is why many associations ask for a key or a key-holder contact.
- "Abandoned" units. Under s. 718.111(5)(b), a unit is presumed abandoned if, among other conditions, no tenant appears to have resided in it for two consecutive months without prior written notice to the association and the association can't reach the owner after reasonable inquiry. The board may then enter (after notice, except in an emergency) to inspect, repair, address mold or deterioration, or turn on utilities, and charge the costs to the owner. The simple fix for seasonal owners: give the association written notice of your absence and current contact information every season.
- Owner improvements. The association is not obligated to pay to repair or rebuild improvements installed by a current or former owner (or the developer) that benefit only that unit and weren't part of the standard original construction (s. 718.111(11)(n)). Upgraded kitchens, special flooring and similar items are generally your responsibility to insure.
Condo milestone inspections and structural integrity reserve studies (SIRS)
Since the 2022 condominium safety law, two building-level requirements apply to many Southwest Florida condo towers and mid-rises. Both are the association's job, but they affect owners through notices, repairs and assessments.
- Milestone inspection. Under s. 553.899, a residential condominium or cooperative building that is three habitable stories or more must have a milestone inspection by December 31 of the year it reaches 30 years of age (based on the certificate of occupancy) and every 10 years after that. The local building official may require the first inspection at 25 years based on local conditions, including proximity to salt water. A licensed architect or engineer performs it. Phase one is a visual examination; phase two (which may include destructive or nondestructive testing) is required only if phase one finds substantial structural deterioration. The association must notify owners within 14 days after receiving the building department's notice, and must distribute the inspector's summary to each owner within 45 days after receiving the report. The law says local governments must require that repairs for substantial structural deterioration found in a phase two report be commenced within 365 days. Single-family homes and two- to four-family dwellings with three or fewer habitable stories are excluded.
- Structural integrity reserve study (SIRS). Under s. 718.112(2)(g), a residential condominium association must have a SIRS at least every 10 years for each building three habitable stories or higher. It covers, at a minimum, the roof; structure, including load-bearing walls and primary structural members; fireproofing and fire protection systems; plumbing; electrical systems; waterproofing and exterior painting; windows and exterior doors; and certain other high-cost items that affect those systems. It must be performed or verified by a licensed engineer or architect or a certified reserve specialist or professional reserve analyst. DBPR describes the SIRS as a budget-planning tool that identifies the components the association must maintain and replace and recommends a funding plan. Associations existing on or before July 1, 2022 and controlled by unit owners had to complete a SIRS by December 31, 2025; an association with a milestone inspection due on or before December 31, 2026 may complete the SIRS along with it, but no later than that date. Within 45 days after receiving the SIRS, the association must give owners a copy or notice that it is available.
What this means for an owner who lives up north part of the year: make sure the association has your current mailing address and email for official notices, read every milestone summary and SIRS that arrives, and budget for the possibility of higher reserve contributions or special assessments. DBPR's condominium information site explains that if a SIRS shows reserves are short, an association may need to levy assessments or secure a loan or line of credit to meet the funding schedule. Associations with 25 or more units must post milestone reports and the most recent SIRS on their owner website or app (s. 718.111(12)(g)).
HOA communities: what Chapter 720 says
In a Chapter 720 homeowners' association, you own your parcel and the association operates the community under its governing documents โ the recorded declaration of covenants, plus the association's articles of incorporation and bylaws, with any amendments (s. 720.301). Common areas are the real property the association owns, leases or is dedicated to maintain.
Architectural control is where HOAs touch your house the most. Under s. 720.3035(1), an association or its architectural committee may review and approve plans for the location, size, type or appearance of improvements on your parcel only to the extent that authority is stated or reasonably inferred in the declaration or published guidelines authorized by it, and it must apply those standards reasonably and equitably to all owners. The statute also limits rules about interiors that aren't visible from the frontage, an adjacent parcel, common area or a community golf course. Before replacing a roof, painting, changing landscaping, adding a pool cage or installing shutters, check your community's architectural guidelines and submit any required application. Our exterior painting guide and roofing guide both cover HOA approvals.
Many HOAs in Southwest Florida also handle common-area landscaping, irrigation or lawn care for every lot. If yours does, find out exactly what's covered (mowing only, or shrubs, trees, irrigation repairs and pest treatment too) so you know what your own vendors still need to do.
Hurricane shutters and storm protection
Storm protection is one of the most common points of confusion, and Florida law treats condos and HOAs differently.
- Condos (s. 718.113(5)). Each residential condominium board must adopt hurricane protection specifications for each building, which may cover color, style and other factors and must comply with the building code. The board can't refuse an owner's installation or replacement of hurricane protection that conforms to those specifications (if approval is required), though it may require you to follow an existing unified building scheme for the exterior. With a majority vote of the voting interests, the board may install hurricane protection or require owners to install it. The board may operate shutters without owner permission only when necessary to protect the property. Unless the declaration provides otherwise, an owner isn't responsible for the cost of removing and reinstalling hurricane protection (including exterior windows and doors) when the association needs it removed to maintain other property it's responsible for. Who must close your shutters before a storm is set by your declaration and rules; many condos expect owners to arrange it.
- HOAs (s. 720.3035(6)). The board or architectural committee must adopt hurricane protection specifications for each structure or improvement on a parcel, and it may not deny an application to install, enhance or replace hurricane protection that conforms to those specifications (it may still require a unified exterior appearance). The statute's definition of hurricane protection includes permanent fixed storm shutters, roll-down shutters, impact-resistant windows and doors, polycarbonate panels, reinforced garage doors, certain roof systems, exterior fixed generators and fuel storage tanks, among others. Installing and closing your own shutters is usually your responsibility.
- Single-family, no association. All storm protection is yours, subject to permits and the building code.
For absent owners, the practical question is who physically closes and opens the shutters, and how quickly. Line up a shutter company or home watch provider in writing before June, and see our hurricane prep for absentee owners and shutter company guides.
Insurance: the general split
Insurance follows maintenance, but not perfectly. In broad terms:
- Condo association policy. Under s. 718.111(11), the association must carry adequate property insurance for the condominium property. The statute says the association's policy must exclude personal property in the unit and limited common elements, and floor, wall and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments located within the unit and serving only that unit. That property, and insuring it, is the unit owner's responsibility.
- Condo unit owner policy (often called HO-6). This typically covers what the association's policy excludes, your personal property and your liability. Florida law (s. 627.714) requires unit owner policies to include at least $2,000 of loss assessment coverage, which helps if the association assesses owners after a covered loss. Ask your agent whether higher loss assessment limits make sense for your building, and how your association's deductible works.
- Damage caused by an owner. Under s. 718.111(11)(j), an owner is responsible for repair costs not paid by insurance if the damage was caused by the owner's (or a tenant's or guest's) intentional conduct, negligence, or failure to follow the declaration or rules โ for example, an ignored leak that damages the unit below. Some associations have opted out of this default allocation by a recorded vote, so check your documents.
- HOA homes and single-family homes. You generally insure the entire house and your belongings; the HOA insures its common areas. Flood insurance is a separate policy in most cases for every type of property.
Coverage, deductibles and exclusions vary by policy. Have a licensed insurance agent review your association's policy summary alongside your own.
Reading your documents: where to look
Whatever you own, gather these and keep copies (paper and digital) where you can reach them from up north:
- Condo: declaration of condominium and amendments, bylaws, rules and regulations, the most recent budget and financial report, the question-and-answer sheet, and any milestone inspection summary or SIRS. Owners can inspect official records on written request (s. 718.111(12)), and associations with 25 or more units must post key documents on a website or app.
- HOA: declaration of covenants and amendments, articles, bylaws, rules, architectural guidelines and budget. Official records are available to parcel owners on written request (s. 720.303(4)โ(5)).
- Single-family: your deed, survey, permits and warranties for roof, A/C, windows and other major systems, plus any recorded deed restrictions.
In a condo declaration, search for the "maintenance," "repair and replacement," "limited common elements," "alterations" and "insurance" sections. Many declarations include a responsibility chart. Typical items to confirm: windows and sliding doors, balcony or lanai surfaces and railings, A/C equipment and refrigerant lines, water heaters, plumbing lines inside walls, the front door, screens and shutters.
Checklist for absent owners
- Give your association written notice that you'll be away, with your dates, mailing address, email and phone, and a local emergency contact or key holder.
- Make sure you're signed up for official notices by email (if your association offers it) so milestone, SIRS, budget and assessment notices reach you.
- Know your building's rules on shutters, water shutoff and A/C settings while you're away; some condos have specific requirements.
- Arrange regular interior checks for leaks, humidity, pests and A/C function. Inside a condo unit, these are usually your responsibility even when the association maintains the building. See preventing leaks in an empty home and A/C and humidity control.
- For a house, line up yard, pool, pest and irrigation service, and confirm what your HOA already covers.
- Get association approval in writing before renovations, and hire licensed, insured contractors. See hiring a licensed contractor in Florida.
- Review your insurance before each hurricane season, including loss assessment and flood coverage.
- Keep a list of who to call after a storm: association manager, home watch, roofer, plumber, water mitigation. Our after-hurricane checklist can help.
When to hire home watch or property management
Your association manages the building or community, not your unit or your house. A community association manager works for the association (and in Florida must hold the license required by Chapter 468, Part VIII, per s. 718.111(3)(g)); they won't check inside your unit or open your shutters unless the documents or a separate arrangement say so.
- Home watch fits owners who don't rent: scheduled visual checks inside and out, storm prep and post-storm checks, vendor access, and reports while you're away. See how to choose a home watch company and browse home watch providers.
- Property management fits owners who rent their condo or home, or who want one company to coordinate maintenance and vendors. Rental management has its own licensing and tax rules; see our vacation rental management basics and browse property managers.
Whichever you choose, share a copy of your association's maintenance chart and storm rules with them so they know what's yours and what to report to the association.
Sources
- Florida Statutes (2026), read on the Florida Legislature's Online Sunshine site: s. 718.103 (definitions), s. 718.111 (access, insurance, official records), s. 718.112 (SIRS), s. 718.113 (maintenance, hurricane protection), s. 553.899 (milestone inspections), s. 627.714 (unit owner coverage), s. 720.301 (HOA definitions), s. 720.303 (HOA official records), s. 720.3035 (architectural control, hurricane protection)
- Florida DBPR, Condominium Information & Resources: Inspections (milestone inspections and SIRS)
General information only. It is not legal, insurance or engineering advice. Check with your insurer, HOA and licensed professionals.
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