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Who Pays for the Roof? Condo, Co-op, HOA and Townhome in Florida

It's the question that starts every difficult meeting, and the answer isn't the same across the street. A condominium, a cooperative and an HOA are governed by different chapters of Florida law — and within each, your own declaration usually has the last word.

The short answer

In a Florida condominium, the roof is normally a common element, and Florida Statutes § 718.113 makes maintenance of the common elements the association's responsibility — except where the declaration assigns limited common element maintenance to the unit owner. The association is also required to use its best efforts to obtain and maintain adequate property insurance covering the condominium property as originally installed, which includes the roof; owners insure their interiors. In an HOA governed by Chapter 720, there is no equivalent default rule. Whether the association or the individual homeowner owns and maintains the roof depends entirely on the recorded declaration — which is why two townhome communities a mile apart can answer this question in opposite ways.

We get called into this argument several times a year, usually by an owner with a leak and a board that says it isn't theirs, or a board that has just discovered it owns forty roofs it never reserved for. We can't resolve it for you — that's your association attorney's job, and the answer is in a document we don't get a vote on. What we can do is explain how Florida generally structures it, so you know what you're reading when you open the declaration.

Condominiums: the roof as common element

In the standard Florida condominium structure, a unit owner owns the airspace inside their unit boundaries. Everything outside those boundaries that isn't part of another unit — the roof, the structure, the exterior walls, the grounds — is common element, owned collectively by all owners.

Fla. Stat. § 718.113(1)

Maintenance of the common elements is the responsibility of the association, except for any maintenance responsibility for limited common elements assigned to the unit owner by the declaration.

Two consequences follow, and they're the ones that matter at a meeting:

  • The board doesn't get to decide the roof isn't its problem. Maintaining common elements is a statutory responsibility, not a discretionary one.
  • Individual owners don't get to replace their own section. Even where a building has visually separate roof planes over different units, the roof is generally a single common element and replacement is an association project.

The exception in the statute is worth understanding. Limited common elements are portions of the common elements reserved for the use of certain units — a balcony, an assigned parking space, sometimes a patio cover. If your declaration assigns maintenance of a specific limited common element to the owner who uses it, that assignment controls. Roofs are rarely structured this way, but "rarely" isn't "never," and it's the first thing to check.

One more provision boards run into on this topic: § 718.113 also requires approval of 75 percent of voting interests for material alterations or substantial additions to the common elements, unless the declaration sets a different procedure. Replacing a roof with like kind and quality is normally maintenance. Changing the roof type, profile or color may not be. Ask your attorney before you specify a change in appearance.

Who insures what

Responsibility for maintaining the roof and responsibility for insuring it are separate questions, and Florida answers the insurance one fairly specifically for condominiums.

Fla. Stat. § 718.111(11)

An association controlled by unit owners operating as a residential condominium shall use its best efforts to obtain and maintain adequate property insurance. The association's policy must provide primary coverage for all portions of the condominium property as originally installed or replacement of like kind and quality — which includes the roof and structural components — while excluding items inside the unit boundaries such as floor, wall and ceiling coverings, electrical fixtures, appliances, water heaters, built-in cabinets and countertops, and window treatments.

In practice this creates the split most condominium owners eventually learn the hard way: the association's policy covers the building and the roof; the owner's HO-6 policy covers the interior finishes and personal property. When a roof leak damages a unit, the roof repair is an association matter and the damaged drywall, flooring and belongings inside usually fall to the owner's policy — subject to the declaration and the specific policies involved.

This is also where deductibles cause friction. Association property policies in Florida commonly carry percentage-based hurricane deductibles that can run into six figures on a multi-building property. That deductible is an association expense, and it is one of the better arguments for funding reserves properly rather than assuming insurance will absorb a storm.

A warning worth passing to your board

If any contractor offers to pay, waive, rebate or otherwise "cover" your association's insurance deductible, Florida Statutes § 489.147 makes that insurance fraud — a third-degree felony — with fines up to $10,000 per violation. It is not a discount. End the conversation and note it in the minutes.

HOAs and townhomes: the declaration decides

Here is where most of the confusion in our market comes from. A great many Tampa Bay communities look like condominiums — attached townhomes, villas, shared walls, a shared roofline — but are legally homeowners' associations governed by Chapter 720. That distinction changes the default entirely.

Chapter 720 contains no equivalent to § 718.113. There is no statutory default making the association responsible for roofs. Instead, the recorded declaration of covenants defines what the association owns and maintains and what each lot owner owns and maintains. Three patterns are common in Florida:

Owner owns and maintains

Each homeowner owns their roof outright and replaces it themselves, usually subject to architectural review for color and material. Common in single-family HOA communities and many detached villa communities.

Association maintains, owners fund

The association maintains and replaces roofs across the community as a common expense funded through assessments and reserves. Common in attached townhome communities where a single roof spans multiple lots.

Split responsibility

The association handles the roof structure or replacement while owners handle repairs, or the association maintains roofs on attached buildings only. These hybrids are where disputes concentrate.

There is no shortcut here. Two townhome communities on the same road, built by the same developer in the same year, can be structured differently because different attorneys drafted the documents. The roof responsibility question in an HOA is always answered by reading the declaration, not by analogy to the neighbors.

One related point boards ask about: the structural integrity reserve study requirement does not apply to HOAs. That obligation sits in Chapter 718 for condominiums, with a parallel requirement for cooperatives. An HOA that maintains community roofs may still be wise to reserve for them, and its documents may require it — but the statutory mandate described on our reserve study page isn't the reason.

Cooperatives

Cooperatives are the least common of the three in Tampa Bay but they do exist here, particularly in older communities. In a co-op, the corporation owns the real property and residents own shares with a proprietary lease for their unit rather than owning the unit itself.

Roof maintenance and replacement are therefore corporate responsibilities in essentially all cases, funded through the co-op's assessments and reserves. Cooperatives are governed by Chapter 719 and are subject to their own structural integrity reserve study requirement parallel to the condominium one. If you're on a co-op board, the practical planning looks much like a condominium's — but confirm the specifics with counsel, because the statutes are not identical.

Side-by-side comparison

Roof responsibility by community type in Florida — general patterns, always subject to your governing documents
Condominium (Ch. 718)Cooperative (Ch. 719)HOA (Ch. 720)
Who typically owns the roofCommon element, owned collectivelyThe cooperative corporationDepends on the declaration
Who maintains and replaces itThe association, by statuteThe corporationAssociation or owner, per the declaration
Who insures the roofThe association's property policyThe corporationDepends — often the owner in detached communities
Owner's own policy coversInterior finishes and personal propertyInterior and personal property per the leaseTypically the whole home in detached communities
Reserve study (SIRS) requiredYes — buildings 3+ habitable storiesYes — parallel requirementNo statutory SIRS requirement
Owner approval to change roof appearanceOften required as a material alterationPer the corporation's documentsUsually architectural review per the declaration

How to find the answer for your community

  1. Determine which chapter governs you

    Your recorded documents will say. A "Declaration of Condominium" means Chapter 718. A "Declaration of Covenants, Conditions and Restrictions" generally means Chapter 720. If you pay for a "unit," you're likely a condo; if you own a "lot," likely an HOA — but the document controls, not the vocabulary in the sales brochure.

  2. Read the maintenance article, not the definitions

    Every declaration has an article allocating maintenance responsibility between the association and owners. That article, not the general description of the property, is where the roof answer lives.

  3. Check for limited common element assignments

    In a condominium, look specifically for whether any roof component is designated a limited common element with maintenance assigned to owners.

  4. Read the insurance article next

    Maintenance and insurance can be allocated differently in the same document. Both matter when there's a leak.

  5. Ask the association attorney to confirm in writing

    If there's any ambiguity, get it in writing before a project or a claim — not during one. A one-page opinion letter is far cheaper than a dispute with an owner.

Frequently asked questions

Who is responsible for the roof in a Florida condo?

In a Florida condominium the roof is normally a common element, and Florida Statutes § 718.113 makes maintenance of the common elements the association's responsibility, except for limited common element maintenance the declaration assigns to unit owners. In practice this means roof repair and replacement are association projects funded through assessments and reserves, not individual owner expenses.

Is my HOA responsible for my roof in Florida?

It depends entirely on your recorded declaration. Chapter 720, which governs Florida homeowners' associations, contains no statutory default assigning roofs to the association the way the condominium statute does. Some HOA declarations make the association responsible for roofs — common in attached townhome communities — while many make each homeowner responsible for their own. Read the maintenance article of your declaration, and confirm with the association's attorney if it's ambiguous.

Does the association's insurance cover the roof?

In a condominium, yes. Florida Statutes § 718.111(11) requires a unit-owner-controlled residential condominium association to use its best efforts to obtain and maintain adequate property insurance providing primary coverage for the condominium property as originally installed, which includes the roof and structural components. Items inside unit boundaries — floor, wall and ceiling coverings, appliances, cabinets, window treatments and personal property — are excluded and fall to the owner's own policy. In an HOA, coverage follows the declaration and is often the individual homeowner's responsibility.

My condo roof is leaking into my unit. Who pays for what?

Generally the association is responsible for repairing the roof itself, while damage to interior finishes and personal property inside your unit typically falls to your HO-6 policy — subject to your declaration and the specific policies involved. Report the leak to the association in writing immediately and keep a copy; delayed notice is a common source of dispute. If the allocation is unclear in your documents, ask the association attorney rather than assuming.

Does the Florida reserve study law apply to HOAs?

No. The structural integrity reserve study requirement is in Chapter 718 for condominiums, with a parallel requirement for cooperatives under Chapter 719. Homeowners' associations governed by Chapter 720 are not subject to it. An HOA that maintains community roofs may still reserve for them, and its own documents may require it, but the statutory SIRS mandate does not apply.

Can a condo owner replace just their own portion of the roof?

Almost never. Where the roof is a common element, replacement is an association project even if a building has visually separate roof planes over different units. Individual owners arranging their own roof work on common elements can create warranty, insurance and liability problems for both the owner and the association. Bring it to the board.

Do we need owner approval to change our roof color or material?

Possibly. In a condominium, Florida Statutes § 718.113 generally requires approval of 75 percent of voting interests for material alterations or substantial additions to the common elements unless the declaration provides a different procedure. Like-for-like replacement is normally treated as maintenance, but a change in roof type, profile or color may be treated as an alteration. In an HOA, architectural review under the declaration usually governs. Confirm with your association's attorney before specifying a change.

Not sure what your community's roofs actually need?

Whichever way responsibility falls, someone eventually has to know the condition of the roofs and what replacement costs. We provide written assessments at no cost for condominium, cooperative, HOA and townhome communities across Tampa Bay — useful whether you're planning reserves, preparing a budget, or settling an argument.

  • 45+ years in Tampa Bay
  • GAF Master Elite®
  • Condo, co-op, HOA & townhome experience
  • Licensed CRC1331169 & CCC1330676

This page is general information, not legal advice. We are roofing contractors, not attorneys. Every association is governed by its own recorded documents, which can allocate responsibility differently than the general patterns described here, and Florida's community association statutes are amended frequently. Statutory references reflect Florida Statutes §§ 718.111, 718.113 and 489.147 as of September 2026. Confirm your association's specific obligations with its attorney before acting.

Alex Sanchez, President of Certified Roofers & General Contractors, Inc.

Alex Sanchez

President, Certified Roofers & General Contractors, Inc. — a family-run, GAF Master Elite® roofing contractor serving Hillsborough, Pinellas, Pasco, Polk, Manatee and Sarasota counties for more than 45 years, including condominium, cooperative, HOA and townhome communities. Licensed CRC1331169 & CCC1330676.

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