—Bugged Out in South Florida
“The common elements are the portions of the association property that are operated by the association and jointly owned by all of the owners. The association budgets for maintenance and repairs of the common elements in their common expenses.
Courts have held that repairs to common areas are the responsibility of the association. Recently, Florida’s Fourth District held that a condominium association had the authority and obligation for repairs to fix termite damage on the roof of the condominium.
“Termite infestations usually occur within the walls and other out-of-view areas, and often go unnoticed until the walls or wood have been substantially weakened and buckle. Because the space in between the walls of separate units are almost always common elements, the condominium association is responsible for remedying the infestation and the resulting damage.
“What if the infestation occurs in a particular unit, instead of the roof, hallway or pool area? For the most part, the unit owner is responsible for causing the infestation to be remedied, so long as the remediation occurs in accordance with any applicable rules of the association.”