Rules & Regulations
Brandychase’s Rules & Regulations help keep our community safe, well-maintained, and enjoyable for everyone. They outline the responsibilities of owners and residents and provide guidelines for things like parking, pets, noise, common areas, amenities, and unit occupancy.
Table of Contents
Contacts
Management Company: WISE Property Management (813 968-5665 After hours emergency: (813) 968-5665 / OFFICE: 3903 Northdale Blvd, Suite 250W, Tampa, FL 33624
Association Plumbers: Jim Howard Plumbing: (813) 920-3361 (office) or (813) 817-0120 (cell) • Bayshore Plumbing: (813) 835-5633 • Peninsular Plumbing: (813) 879-5840
Electric Company: Weil Electric: (813) 702-9345
Haulers for large items: Hall’s Hauling: (727) 732-5054
Towing Company: Target Towing: (813) 279-8274
Pest Control: NaturZone: (941) 378-3334
NON-EMERGENCY Tampa POLICE: (813) 231-6130
Association Insurance: PCS Insurance Group, Inc.: (813) 868-1010
Questions for the Board of Directors: Please email hello@brandychaseliving.com
Florida Statutes
Florida Statutes, Chapter 718, known as the Condominium Act, together with the Brandychase Declaration of Condominium and other governing documents, gives the Board of Directors responsibility for administering the Brandychase Condominium Association. The Board carries out that responsibility in accordance with these governing documents and the Association’s Rules and Regulations.
The Rules and Regulations were originally adopted when the Association was established and have since been reviewed, revised, approved, and reissued by the Board as needed. The Association may amend, add to, or remove rules in the future. Any consent or approval granted under these Rules and Regulations may also be revoked for good cause.
These Rules and Regulations, together with applicable Florida law and the Brandychase Declaration, Articles of Incorporation, and By-Laws, are binding on all Unit Owners and, through them, their tenants, occupants, and guests.
Condominium Living
All residents are asked to treat others the way they would want to be treated. Brandychase is a quiet, clean community and if all residents and guests adhere to the rules it shall remain that way. Please look over each of these rules and regulations and follow them.
Smoking of cigarettes, cigars, and similar items is prohibited in laundry rooms, stairwells and while in the swimming pool. Please be courteous to non-smokers by not smoking in enclosed areas – near others’ doorways, windows, etc. Do not direct your smoke or ashes toward others. Throwing cigarette butts on the ground is prohibited.
The sidewalk, passages, stairways, corridors, halls, and common areas must not be obstructed and shall be kept free of personal items such as chairs, tables, trash bags, pool rafts, debris, bicycles, toys, mops, brooms, shoes, shopping carts, etc. No objects shall hang from the railings (ie, rugs, towels, clothes, etc.)
Sitting on or obstructing stairs is prohibited.
ONE commercially designed door mat may be placed in front of unit entry (no left-over carpet remnants, etc). No door mats or door decorations may contain any obscene language or inappropriate/obscene artwork.
You are allowed to maintain TWO well-kept plants in proper flowerpots or commercially designed plant stands at your entryway. No empty pots, plant stands, tables or dead or unkempt plants are allowed. Only tasteful planter decorations are allowed. Only one plant accessory is allowed. No plastic flowers are allowed. If the plant stand will allow more than one plant you may use each shelf, and it will count as one plant. Do not allow vining plants – such as philodendrons – to attach to the building’s walls. Your plants cannot obstruct the walkway.
No objects are allowed on any window ledge or outside your door or in your area (bicycles, tables, chairs, ash cans or ashtrays, drink cups, shoes, mops, pool rafts, etc.) You may take a chair outside to sit on the patio, but it must be taken back indoors after use.
Holiday decorations are welcome, but must be removed within 15 days following the holiday. Decorations must be tasteful and must be secured for weather. DO NOT USE tape – or anything else that will mark up the walls or damage paint – to secure your decorations to the building. Do not put anything out that will be a tripping hazard.
No personal landscaping (such as plantings, curbing, flower pots, bird feeders, etc.) may be done in the common areas unless approved by the Board of Directors. No potted plants, tables, chairs, etc. are allowed in the common areas.
Cooking is not allowed on balconies or in any common area except that provided by the Association. Barbeque grills are located in the greenways between buildings “A” and “B” and “B” and “C.” No personal grills or smokers are allowed. No propane tank grills are allowed to be stored on the premises. Picnic tables are provided in the greenways.
Standard window treatments – blinds or drapes – visible from the exterior of the unit shall be white or off white. Bed/bath linens used as drapes are prohibited. Cleaning of windows, window sills and entry doors are the responsibility of the resident.
Replacement windows and doors are the responsibility of the owner and must be the same style and configuration as current doors and windows and must be either aluminum or white vinyl, colonial style (6 up and six down configuration) and have approval from the Board of Directors before they are installed. Any window or door replacement must be approved by the Board of Directors. Contact the management company to retrieve the AC request for exterior modification form. This form must be filled out and approved BEFORE you order your materials.
Window air conditioners are prohibited. No fans or satellite dishes are allowed. The Board will consider requests for a temporary accommodation if the main air conditioning unit is being repaired or replaced.
If a window is broken, it must be repaired immediately. Screen and storm doors must be aluminum, white, mill finish or brown in color and must be kept in good repair. Window screens must be kept in good repair. You are not required to have window screens, but if you do they must be in good repair.
On Armed Forces Day, Memorial Day, Flag Day, Independence Day, Labor Day, 9/11, and Veterans Day portable official flags of the United States, the U.S. Army, Navy, Air Force, Marine Corps and Coast Guard are permitted to be displayed in a respectful manner.
Unit owners, residents and guests shall reduce the sounds originating from within their units so as not to disturb those in other units. Slamming of doors, outside parties/gatherings, yelling, stomping up and down the stairs, loud TVs or loud music shall not be permitted at any time.
Residents shall not engage in any business or activities which are illegal, or are against any laws, ordinances, rules or regulations of the county, city, state, federal government or Brandychase Condominiums.
When walking the grounds, residents are doing so at their own risk and are to be cognizant of equipment lines, roots, cable boxes, etc.
In case of emergency – regardless of whether a resident is present at the time of such emergency – the Board of Directors or any person authorized by the Board of Directors, shall have the right to enter such condo for the purpose of remedying or abating the cause of the emergency (ie leaks, fire, etc.)
There shall be no solicitation by any person anywhere in the complex for any cause, charity or for any other purpose whatsoever unless specifically authorized by the Board of Directors.
No unit shall be occupied or used for any commercial or business purpose except that Internet businesses such as eBay, Web design or data entry, or businesses, which have no customer traffic on site or additional employees. Residents cannot have business equipment inside their unit, which causes excessive noise.
No signs of any kind or advertisements shall be displayed in windows or on any part of the condominium or grounds except on the Bulletin Boards available in all laundry rooms. Notices displayed in glass enclosed boards are for condominium business only. Notices displayed on larger boards may be up to 8.5” x 11” size and must be dated. Notices will be removed after 60 days.
No offensive or destructive activity or language shall be allowed or anything done which would reasonably disturb any other resident.
No convicted sexual predators or sex offenders are allowed to buy, rent or visit Brandychase. This includes any residency, either as owners, tenants, or guests for ANY duration.
Brandychase is a drug-free community. No resident, any member of the resident’s household or a guest or other person under the resident’s control shall engage in criminal activity, including drug-related criminal activity, on, near or within sight of the premises. “Drug related criminal activity” means the illegal manufacture, sale, distribution, transportation, storage, use or possession of any controlled substance. Police will be called.
At Board of Directors meetings, speakers from the floor must be owners and are limited to three (3) minutes during the comments period, per Robert’s Rules of Order. Renters may attend but cannot disrupt the meeting.
Pets
A maximum of TWO domesticated household pets may be allowed in each condo and, if asked, the pet’s owner must be able to provide proof of weight and current vaccines. (Birds and fish are not included in this count.)
No aggressive dogs (ie Pit Bulls or related Pit Bull breeds; German Shepherds, Doberman Pinschers, etc.) will be allowed on Brandychase property at any time.
No animal shall exceed 30 pounds at maturity unless approved by the Board of Directors.
Animals shall not be left unattended in common areas. Any animal that is outdoors must be leashed and picked up after. Leashes shall not exceed more than six feet to allow owners to remain in control.
Pets must be walked in the greenways between “A” and “B” building and “B” and “C” buildings. Please do not walk your pet in the front of the property or in courtyards. Please don’t allow your dog to urinate on plants – such as the minima jasmine, etc. This kills our landscaping. All owners MUST clean up after their pet. Pet waste stations are located in between “A” and “B” and “B” and “C” buildings for your convenience. Do not put dog droppings in trash bins, laundry rooms or in mailboxes.
Pets that become a nuisance – such as barking too much, attacking people or other animals, etc. – will be brought to the attention of the Board of Directors, who will then determine if the animal shall be permanently removed from the premises.
Cats must be kept indoors, unless on a leash. Male cats should be neutered to avoid potential odor of animal spraying common areas.
No “pet sitting” for animals over 30 pounds, unless approved by the Board of Directors PRIOR to visit.
No feeding of stray animals or wildlife is allowed.
Laundry Rooms
Laundry rooms are for residents of Brandychase only. They are open 24 hours.
No smoking, playing of music or excessive noise is permitted inside the laundry room.
Please remove your items from the washers/dryers promptly.
Clean up spills immediately.
ABSOLUTELY NO clothing containing tar, grease/oil are permitted to be washed in the machines.
No use of dyes is permitted in the machines.
No use of foreign coins.
Do not wash items with foam or rubberized materials (ie tennis shoes, etc.)
Do not overload the machines.
If a machine is not operating correctly, please put a note on the machine and call the number listed in the laundry room and report the machine (ie, machine 2C, or 3A, or 2B).
Do not leave any personal items/furniture in the laundry rooms. If you have furniture to give away, please place a notice on the bulletin boards; do not just leave items in the laundry rooms for people to take.
Do not sit or climb on washing machines or folding tables.
Parking Lot
You are required to enter the parking lot through the South entrance only. The North side is an EXIT ONLY. NO VEHICLE SHALL ENTER THE NORTH DRIVEWAY FROM MANHATTAN AT ANY TIME. Do not instruct delivery people or drivers to enter on the north side – EVER. All commercial deliveries (ie, appliances, furniture, etc.), Uber drivers, taxis, etc. must enter in on the SOUTH parking lot and the vehicle must park so that it is not blocking the street for ingress and egress. Guests are instructed to park in visitor spots and NOT IN FIRE LANES at any time.
Vehicles may not be parked for more than 10 minutes if they are blocking other cars. Moving vans (U-Hauls, etc.) may not be parked unless they are actively loading or unloading. If the vehicle is blocking other cars, the driver must move it if another person needs to exit or enter his/her parking space.
Each Brandychase unit has ONE assigned parking space. These assigned spaces may be used only by the unit owner or the lessee of such unit, except when the unit owner has given written permission (a copy of which is to be provided to the management firm) for use by another unit owner, lessee or guest. If you own a second car, it must be parked in a “visitor” space and must be moved to another visitor spot at least once EVERY 7 DAYS. No visitor’s spaces may be commandeered. No more than two cars per unit are allowed.
All vehicles shall be parked within the confines of the parking space – do not park over the marked lines. All posted signs shall be obeyed. Do not park in spots marked with white or yellow lines. These are marked off for a reason.
Personal vehicles only. No recreational vehicles, boats/boat trailers, jet skis, commercial vehicles (oversized vans, work trucks, trucks with work tools – such as ladders, lawn equipment, racks, etc.) are permitted to park overnight. Oversized, or long-bed trucks that are personal vehicles are asked to park in a visitors spot in the back of C building as to not block the driveway and to avoid damage the fence.
Inoperable vehicles, vehicles with flat tires or vehicles without a current/valid tag shall not be allowed to park on Brandychase property for more than 24 hours without the approval of the Board of Directors.
No speeding. Speed limit is 10 mph.
Absolutely NO PARKING IS ALLOWED IN FIRE LANES, in front of dumpsters or in areas marked “NO PARKING.” If you park in the fire lane, you must be actively loading or unloading.
Vendors who visit the property using commercial vehicles (such as plumbing, air conditioning, etc.) must park in a single “visitor” parking space – not in the NO PARKING zones or fire lanes – unless actively loading or unloading.
All vehicles must be in good repair and must be able to operate on its own power. Any vehicle leaking oil or any other fluids must be repaired IMMEDIATELY. If any damage is caused to the parking lot, the unit owner will be held responsible for repairs. Until your vehicle is repaired, store it off Brandychase premises.
Vehicles may not be repaired in the parking lot – except for emergency repair (batteries, flat tires, etc.) All mechanical work must be done off premises.
No revving engines or loud music shall be played in the parking area – keep in mind, all of the windows facing the parking lot are bedroom windows.
Car alarms must be shut off immediately.
No skateboarding, skating, scooters or ball throwing is allowed anywhere in the complex. No bicycles are to be ridden on the sidewalks within the complex. You must walk your bike to your unit and store it inside your unit.
No parking or driving on the grass anywhere in the complex at any time – for any reason.
All residents are required to keep their vehicle(s) information current on file with the Association. This includes color, make, model and tag information for all vehicles parked on Brandychase premises. This is in case the Association needs to contact you to move your vehicle. Email updates for newly acquired vehicles or new tag numbers to brandychasecondos@gmail.com. Also, be sure to keep your contact information up to date as well.
Pool & Fountains
The use of the pool is limited to Brandychase residents and their guests only. Pool passes must be in your possession when in the pool area. Residents and guests may be in the pool area after 11 p.m. – as long as they are not in the water or being too loud. No one will be allowed in the fenced area after midnight.
Fence gates must be kept closed except for entering and exiting.
The pool hours are from 7 a.m. to 11 p.m. The bathing load is 17 persons.
Swim at your own risk. There is no lifeguard on duty.
Shower before entering the pool.
No animals are allowed in the enclosed area of the pool at any time for any reason. Nor can they be tied to the fence.
No glass containers are allowed anywhere in the pool area.
No food, drink or smoking is permitted while one is inside the pool.
No diving.
No radios, portable stereos or other sound-making equipment shall be allowed in pool area. Earphones must be used if you want to listen to music.
No running, horseplay, or throwing of objects other than pool toys is allowed in the pool area. No climbing on the pump house roof.
Proper bathing attire only. No thongs, see-through bathing suits, nudity, cut-offs, diapers, etc. will be allowed.
No improper activities are allowed in the pool. No drunk or disorderly conduct is allowed.
Children 12 years of age and under shall be accompanied by – and controlled – by an adult (i.e., no excessive screaming, throwing of objects, splashing and running) at all times.
On weekends and holidays: Three guests per unit shall be the maximum permitted to use the pool, unless prior approval from the board. Guests must be accompanied by the Brandychase resident at all times.
Rafts, floats, etc. are not permitted in the pool on weekends unless authorized. However, they are permitted during the week. Children are allowed small floats or water wings at all times. Noodles are permitted at all times.
Be respectful of others in the pool area. Share the pool graciously and do not splash sunbathers, etc. Keep noise to a minimal volume.
No items shall be draped on or tied to the fence. Clothing, rafts and other personal items left in the pool area for more than 24 hours will be discarded or donated.
If you use the pool furniture, return it to where you found it. Clean up any trash – cups, cans, wrappers, etc. and dispose of it in the trash bins.
The fountains are for decoration only. No playing or swimming in the fountains in “A” or “B” courtyards.
Dumpsters & Waste
All trash shall be securely wrapped in plastic bags or appropriate containers and disposed of in the dumpsters. All boxes shall be broken up or flattened before being placed in the dumpster. No parking in front of dumpsters. All cars blocking dumpsters will be towed at the owner’s expense.
No household trash – or dog droppings – may be put in laundry room, mailbox or pool trash containers. No littering (for example: cigarette butts, drink containers, junk mail, etc.) shall be allowed.
Trash is picked up weekly on Monday, Wednesday and Fridays – unless there is a holiday.
NO LARGE ITEMS – such as TVs, mattresses, appliances, or furniture – may be put IN or OUTSIDE the dumpsters. For removal of such large items, call a hauling company. (See approved vendors list above). Anyone caught leaving large items near the dumpsters – or outside their units – will result in the unit owner paying for the item to be hauled away.
Roof
In 2018, Brandychase had all three buildings reroofed. In order to keep them in good repair, the roof may only be accessed by licensed, insured contractors. No owners or residents are allowed on the roof. Contractor MUST have a valid license and insurance to access the roof. When asked, they MUST be able to provide current documentation, or they will be asked to leave.
Plumbers and air conditioning companies must enter through the hatches only. No ladders are to be propped against the building for roof access. Any debris left on the roof will be the responsibility of the owner. Any old air conditioner condensers must be removed properly by crane.
New condensers must be hooked up properly – including proper strapping to A/C curbs. The owner’s unit number must be placed on any new equipment. The roofs are patrolled to ensure that nothing is left by vendors and that units are installed properly. If your vendor leaves something on the roof, or installs it incorrectly, the unit owner will be financially responsible to have it removed/repaired properly.
Playing
Residents shall not play in the hallways, stairs, balconies, parking lot or laundry rooms.
Bicycles, tricycles, skateboards, roller skates and rollerblades may not be ridden on sidewalks, hallways, or in the parking lot. No sidewalk chalk is to be used on any surface in the complex. Do not climb on any tree. Play is restricted in the pool area. However, small children (3 and younger) may ride tricycles in the A and C courtyards. Children 12 years and under shall be supervised when playing on the grounds.
Do not play your music loudly in the common areas. Use headphones.
No one is allowed to dig in flower beds, remove flowers, etc. from plants.
No ball playing allowed on the property.
No fireworks allowed on the premises at any time.
Administration
This community is comprised of individually owned condominiums. It is not an apartment complex, and it does not have an onsite manager. Our management company is WISE Management; the phone number is 813-968-5665.
Tenants are directed to contact their landlord regarding issues arising within their unit or the common areas. Owner residents and landlords are directed to contact a plumber, electrician, etc. In the event of an emergency, they may contact a board member or WISE Management to address issues in their unit or the common areas.
Purchasing/Leasing
For the safety of our residents, prospective new owners and tenants who wish to own or reside at Brandychase must have a national background check, which includes credit and criminal checks. The intended unit owners/lessees must submit an application to WISE Management along with a $100 application fee (until July 1, 2021). After July 1, 2021, the fee increases to $150. A copy of the lease must be sent to the management company as well. This includes new roommates, spouses, partners or adult children who move in after the original resident is established. Any guest receiving mail or residing on the property for more than 14 days in a six-month period or spending more than 7 nights consecutively will be considered a tenant.
Unit owners who plan to lease their unit must contact WISE Management to obtain the documents needed. The management company/Board of Directors may take up to 30 days to complete the process. Once the new owner/resident is approved, they must receive orientation BEFORE occupying the unit. A copy of the rules will be given to the owner/occupants of the unit. These rules must be followed.
Unit owners shall be responsible for paying for any damages to the common areas caused by themselves, their family members, their tenants, contractors, guests, etc.
Remodeling work may be done Monday through Saturday between 9 a.m. and 6 p.m. so as not to disturb other residents. Contractors must take all waste from remodeling work – such as appliances, drywall, sinks, cabinets, etc. from the site – refuse cannot be placed in or near the dumpsters. If these items are found, the owner of the unit will be held responsible for the cost to remove the items. Also, ask your workers to park in a visitor’s spot or your unit’s parking spot and cleanup any debris dropped in the common areas and enter and exit the unit quietly.
Vendors must not make a mess in common areas – such as cleaning paint brushes, etc. They also must not dump harmful items in sinks and bathtub drains and toilets.
No unit may be leased out for Airbnb or other short-term rentals: Leases must be no less than three months and no longer than one year.
Violations
Each unit owner, tenant, or guest shall be governed by and shall comply with the Provisions of the Declaration of the Association, By-Laws, or rules of the Association. Unit owners are responsible for compliance by their guests or lessees with the rules and regulations. The facilities of the condominium are for the exclusive use of unit owners, their approved lessees and guests accompanied by a unit owner or lessee. Any damage to the buildings, recreational facilities or other common areas or equipment caused by any unit owner or his/her guest shall be repaired at the expense of the owner.
There is no way to know that there is an issue, unless you speak up. The Board of Directors asks that you please send your violation so that they can help to remedy the situation.
To ensure your violation will be considered, there are now TWO ways to report a violation – the person issuing the complaint against another resident will be kept confidential:
Fill out a violation form located in the glass information boxes in any of the laundry rooms. Fill it out and place it in the box marked “Violation Box” in Laundry Room B. This is checked several times a week.
Email your complaint to Rtravez@wisepm.com. Please include the violators unit number in the subject line. Photographs help when reporting violations. Be sure to give time, dates and any other details to help with the complaint.
The Association may proceed to issue a violation. If the issue continues, the violation escalates to the Association Attorney’s office.
Community Awareness
We live in a quiet, safe neighborhood. We encourage all Brandychase residents to be aware of their surroundings. If you see something, say something. If you notice a light bulb burned out, a sprinkler head broken, a washer or dryer out, etc., send an email to hello@brandychaseliving.com. If it is more of an urgent matter, contact the non-emergency number of Tampa Police: 813-231-6130. If it’s an emergency, call 9-1-1.
Brandychase is a private community. Trespassers are not allowed. No soliciting – door hangings, salespeople, etc. – of any kind is allowed.
If you witness someone loitering or something doesn’t “feel right” call the Tampa Police at the number above and report it.
Owners are permitted to install Ring cameras on DOORS only – not windows. They must be the ones that take batteries, no wires.
Keep an eye out for anything suspicious. DO NOT CONFRONT ANYONE, please report it. If you have a way of discreetly photographing the person or incident, please do so and send it along. Everyone looking out for others will help keep our community safe.
If you have any suggestions, please speak up.
Vehicle Towing
The Brandychase towing company is Target Recovery & Towing. Residents can call to have a car towed if it is parked without permission in an owner’s assigned space. When the towing company comes to tow the car, you will have to meet them and show them your Driver’s License. If you have not changed your Driver’s License to reflect your Brandychase address, you may present a TECO bill with your name and a Brandychase address.
Of course, the towing company can and will tow any car parked in the Fire Lanes without any certification. The towing company will be monitoring the Fire Lanes more closely. The towing company will not be authorized to tow any movers or vendors as long as they are actively working. The towing company is located at 3745 N. Florida Ave.
The phone number for Target Towing is (813) 279-8274.
Insurance
Brandychase’s Association insurance company is PCS Insurance Group: (813) 868-1010.
It is encouraged for owners and tenants to carry their own insurance on their units as well.
Because of our new roofs, we have an excellent wind mitigation report that will help with homeowner’s insurance costs. To have this report sent to you, you may download it off of the WISE Management Web site or you may email hello@brandychaseliving.com and request a copy to be emailed to you.
Pest Control
The Association is not responsible for pest control (such as ants, roaches, spiders, etc.) This is the responsibility of the owner/tenant. However, the Association is responsible for termites inside your unit. If you suspect you have termites, please contact WISE Management.
NaturZone Pest Control is the Association’s pest control company. They do offer discounts for individuals who wish to have their service. The discount is posted on the bulletin boards in the laundry rooms.
Plumbing
Do not put anything down in the toilets except toilet tissue paper. No paper towels, baby wipes, feminine products of any kind, etc. Even if the product claims it is “flushable” – DO NOT flush them. These items cause back-ups and are not only costly, but inconvenient to you and your neighbors when there is an issue.
Please repair running toilets and dripping faucets immediately.
Do not put any drain cleaners (such as Drano or Liquid-Plumr) down your sinks or bathtubs. These items are corrosive to our pipes.
If the plumber needs to turn off the water to your unit, the shut-off valve is located below your bedroom window. The shut-off valve services the unit directly above or below you, so please be courteous and let your neighbor know if you are turning off the water for any repairs.
Exterior Modifications
If owners plan to put in new windows or outside door, they must fill out the AC Application through WISE Management Company. The change must be approved by the Association before you order your windows or doors. The management company will have the specifications of the approved windows.
Overhead Leak Policy
General Information
If you are experiencing a leak in your roof or ceiling, please contact the management company at the telephone number listed below.
WISE Management Number (Including Emergency): 813-968-5665
When a water leak occurs, it should be determined by the Association whether the water leak was caused by a maintenance issue or a casualty event. A casualty event is generally categorized as a sudden and unexpected event.
Maintenance Issue
If it is determined that the water leak was caused by a maintenance issue, then the Declaration will dictate what the Association and Owner(s) are responsible for repairing.
Association Responsibilities
Pursuant to Section 10, Paragraph A of the Declaration, the Association is responsible for maintaining the following:
All common elements.
All portions of the Units (except interior wall surfaces) contributing to the support of the building, which portions shall include, but not be limited to, the outside walls of the building and load-bearing columns.
All conduits, ducts, plumbing, air-conditioning, wiring and other facilities for the furnishing of utility services which are contained in the portions of a Unit contributing to the support of the building or within interior boundary walls, and all such facilities contained within a Unit which service part or parts of the Condominium other than the Unit within which contained.
All property owned by the Association.
Pursuant to Section 10, Paragraph B of the Declaration, an Owner is responsible for maintaining the following:
All portions of the Unit except the portions to be maintained, repaired and replaced by the Association.
Limited common elements, windows, screens and doors opening into or onto owner’s unit, sliding glass doors and plate glass.
Individual air-conditioning and heating system inside and outside unit owner’s individual condominium unit.
All fans, stoves, refrigerators, dishwashers, or other appliances or equipment, including any fixtures and/or their connections required to provide water, light, power, telephone, sewage and sanitary service to unit owner’s condominium unit.
The floor and interior walls of any balcony, terrace or patio of a condominium unit.
Casualty Event
If it is determined that the water leak was caused by a casualty event, then Section 718.111(11), Florida Statutes, will govern what the Association and Owner(s) are responsible for repairing. Note that Florida law specifies that the responsibility for repairing and restoring property damaged by this type of water leak rests with the party who insures the property.
Pursuant to Section 718.111(f), Florida Statutes, the Association is required to insure the following:
All portions of the condominium property as originally installed or replacement of like kind and quality, in accordance with the original plans and specifications.
All alterations or additions made to the condominium property or association property pursuant to Section 718.113(2), Florida Statutes.
Note that if the area of damage falls under the Association’s insurance, but does not meet the Association’s deductible, the Association is still responsible for repairing the damage.
Pursuant to Section 718.111(f), Florida Statutes, an Owner is responsible for obtaining insurance to cover the following:
All personal property within the unit or limited common elements, and floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing which are located within the boundaries of the unit and serve only such unit.
The Association’s insurance carrier and each owner’s insurance carrier will determine whether or not the event causing the damage is an insurable event. Owner may contact their respective insurance company to cover the cost of repairs at their own discretion.
Casualty Event: Negligent Owner
After it has been determined that the water leak was caused by a casualty event, a second issue to consider is whether the casualty event was caused by a negligent owner (i.e. negligence, intentional act, or failure to maintain). While the cause of a water leak by a negligent owner does not change the Association’s or an Owner’s responsibility to repair certain damage caused, it provides the Association and an Owner the option of pursuing a claim for recovery against the negligent owner. Whether an Owner was negligent will be determined on a fact-by-fact basis.