Condominiums are one of those complicated risks that aggravate insurance professionals, from agents to adjusters. The interplay of a condominium association declaration or agreement and the master policy of that association, and how that interplays with the unit owners insurance is often confusing, and sorting out which policy pays for damages is essential.
First, it's necessary to determine who is responsible for what property. The association declaration is the governing document between the association and the unit owner. This document provides a legal description of the property, defines what constitutes a unit, a common element, and a limited common element, and the ownership interests in each.
These elements are also described in the state statutes; see the chart here: Condominium Statutes by State. The statutes will define each of these aspects and detail who has the responsibility for providing insurance coverage.
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