Florida Statutes 718.119 – Limitation of liability
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Terms Used In Florida Statutes 718.119
- Association: means , in addition to any entity responsible for the operation of common elements owned in undivided shares by unit owners, any entity which operates or maintains other real property in which unit owners have use rights, where membership in the entity is composed exclusively of unit owners or their elected or appointed representatives and is a required condition of unit ownership. See Florida Statutes 718.103
- Bylaws: means the bylaws of the association as they are amended from time to time. See Florida Statutes 718.103
- Common elements: means the portions of the condominium property not included in the units. See Florida Statutes 718.103
- Common expenses: means all expenses properly incurred by the association in the performance of its duties, including expenses specified in…. See Florida Statutes 718.103
- owner of a unit: means a record owner of legal title to a condominium parcel. See Florida Statutes 718.103
- Unit: means a part of the condominium property which is subject to exclusive ownership. See Florida Statutes 718.103
(1) The liability of the owner of a unit for common expenses is limited to the amounts for which he or she is assessed for common expenses from time to time in accordance with this chapter, the declaration, and bylaws.
(2) The owner of a unit may be personally liable for the acts or omissions of the association in relation to the use of the common elements, but only to the extent of his or her pro rata share of that liability in the same percentage as his or her interest in the common elements, and then in no case shall that liability exceed the value of his or her unit.
(3) In any legal action in which the association may be exposed to liability in excess of insurance coverage protecting it and the unit owners, the association shall give notice of the exposure within a reasonable time to all unit owners, and they shall have the right to intervene and defend.