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NOWA, your protection under the Florida Condominium Act

Florida condominium owners and associations are governed by the Florida Condominium Act (Chapter 718 of the Florida Statutes), first adopted in 1969. The Act aims to balance the rights and responsibilities of unit owners, board members, and developers to ensure safe, well-governed, and financially sound condominium communities throughout the state.

As water damage remains one of the most common and costly risks in condominium buildings, understanding these legal requirements is essential—this is why NOWA is shedding light on how prevention solutions can support compliance and protect property.

Preventing water damage isn’t just smart; it’s a crucial step toward legal compliance. Failure to comply with the Florida Condominium Act can lead to a variety of consequences:

  • financial liability and losses
  • loss of insurance coverage or higher premiums
  • lawsuits
  • fines and state sanctions

Under the Act, condominium associations and unit owners have duties related to water damage. These include the following.

Duty to maintain

Maintenance responsibilities are divided between the condominium association and unit owners.

Condominium association responsibilities:

  • Common elements 
  • Roofs 
  • Exterior walls 
  • Plumbing lines serving multiple units 
  • Structural components 

Unit owner responsibilities:

  • Interior of their unit 
  • Appliances 
  • Flooring 
  • Plumbing fixtures serving the unit

Repair obligations

If water damage originates from or affects common areas, the association is typically responsible for repairs. The association must repair or replace damaged insured property after a covered loss, e.g., water leak from a pipe in a common wall, and act promptly to prevent further damage or mold. If water damage is caused by something within the unit (e.g., a leaking dishwasher), the unit owner may be liable for repairs and damages.

Insurance requirements

Associations must carry property insurance for all common elements. Their insurance usually covers water damage to building components it insures. Unit owners are not required by law to carry homeowner insurance, but it is strongly recommended. 

The HO-6 policy is a special condo insurance policy. It usually covers interior unit damage, including water damage. It also covers loss assessments for shared expenses. It provides liability coverage if your unit damages others.

NOWA water damage prevention systems can play a critical role in helping both condominium associations and unit owners comply with the Florida Condominium Act.

Support maintenance obligations

NOWA’s leak detection systems catch problems early, allowing timely repairs. They also reduce the risk of damage due to neglect or deferred maintenance, which could otherwise lead to non-compliance.

NOWA systems support maintenance obligations by detecting issues early, enabling prompt repairs and reducing the risk of non-compliance.

Protect common and private property

Under the Act, associations must protect common property, and owners must protect their units. NOWA safeguards shared infrastructure, minimizing disruptions and costly repairs, and reduces the spread of damage from one unit to others. This is a common issue in condos.

NOWA helps protect both common and private property, minimizing costly disruptions and preventing damage from spreading between units.

Prevent negligence-based liability

Both associations and owners can be held financially responsible for damage caused by negligence. NOWA’s automatic water shut-off systems and real-time alerts significantly reduce the chance of unnoticed leaks. They help demonstrate due diligence, which can limit liability in legal disputes.

NOWA helps you mitigate exposure. Investing in NOWA protects not just your building, but your board members from future lawsuits and costly litigation.

Reduce insurance claims and preserve coverage

By reducing claims from water damage, NOWA helps maintain insurability and lower premiums. As the most recommended solution by Canadian insurers and endorsed by several U.S. insurance providers, NOWA systems are often recognized through premium reductions or incentives when installed. Some insurance policies may even require or incentivize leak detection systems to remain in good standing.

NOWA systems help maintain insurance coverage, lower premiums, and meet insurer requirements or incentives for leak detection systems.

Ensure timely response and recordkeeping

According to the Act, timely action is required after a water loss. With the NOWA PRESENCE app and web portal, all information (interventions, status, history) is centralized and accessible. PRESENCE is critical in dispute resolution. It helps support compliance and prove that the association or owner acted promptly and responsibly.

NOWA centralizes and provides access to all data, enabling timely action and supporting compliance by proving prompt and responsible responses.

NOWA protects your building, your budget, and your board. Installing NOWA water damage prevention systems is not just good practice; it is a proactive way to comply with the Florida Condominium Act. Our systems help prevent violations, reduce financial exposure, and demonstrate responsible management of both private and common property.

Explore NOWA 4S, the top defense against water-related damage for Florida condominiums.
Ready to take action? Contact System Design + Integration, our certified installer in Florida.