Beach-side condos are hot real estate in sunny, warm states such as Florida. They are no different from traditional houses in that they are considered home. They are also no different in that condos in Florida need home owner insurance quotes, too. Before you start looking for a home owner insurance quote in Florida, read up on some facts about purchasing home owner insurance for condos.

Choose a home owner insurance company and agent that specialize in insurance for condos. Home owner insurance policies for condos in Florida are different from home owner insurance policies for traditional houses; there are special factors to consider and coverage to purchase. There are also different add-ons and endorsements available. An agent that knows the ins and outs of home owner insurance policies for condos is crucial in purchasing the best policy for yourself and your condo.

Know what kinds of home owner insurance policies you will be purchasing for your condo. When you purchase home owner insurance in Florida, you will need to get a quote for the insurance that will cover you and your belongings, as well as the insurance that will cover the areas you share with other residents at the condo complex. These are usually called master policies, and specific information about your particular master policy is obtained from the condo board.

Understand what you will be responsible for. Living in a condo means that any common areas in the complex are just as much your responsibility as they are the responsibility of your neighbors. Additional Florida home owner insurance coverage for your condo such as unit assessment coverage will cover the expenses you will incur when helping to repair common area damage such as hallway fires.

Before you purchase your condo, talk with the condo board about home owner insurance quotes in Florida regarding condos. The board will provide you with information, and perhaps even make insurance company suggestions.

We live in the state with rapidly increasing rates - partly due to the hurricanes and a decision made by the state for every homeowner to "share the tab" for certain previous losses and to encourage insurance companies to stay in the state.

We've recently received our homeowner insurance quote for the coming year, a rate increase of 40%.  Of course, we contacted our agent to discuss the situation.  Now, we did adjust our insurance amount for replacement value of the home (minus the cost of the land) so that accounted for a small amount of the increase.  We are going to be shopping around for a better rate, but I don't hold much confidence that we are going to find anything better. 

The topic of Florida homeowner insurance is hot right now, and many citizens are demanding some solutions.  A quick overview of some recent news articles on this topic show the extent of the problem:

The Bradenten Herald recently featured "Increase coverage, cut the cost of home insurance", which outlines some ways to cut costs on insurance.  Basically, insuring your home for the replacement value of the house and not the mortage amount (which includes the valuation for the land). 

The Palm Beach Post has an article about an 86-year-old widow who has no mortage on her home and canceled her homeowners insurance because it was too costly.  

And the insurance crisis is hitting the condo owners as well, with some owners thinking of selling and getting out of the state due to the rising rates.

We are going to discuss how to reap the discount benefits from Florida condo insurance and Florida home insurance discounts by understanding and applying mitigation inspection reports. The state of Florida requires insurance companies to offer reduced rates for wind mitigation features.

In Florida this reporting system is standardized by all property insurance companies. Years before many carriers used the standardized Citizens insurance companies mitigation inspection forms as the standard. Meanwhile other insurance companies required insured's to use their own made non standardized forms.

This practice was chaotic with all different forms from one carrier to the next made it difficult for consumers to change carriers or receive insurance discounts they were entitled to. Today we have a standardized form developed by the Office of Insurance Regulation on which the majority of Florida insurance carriers abide to called "The Uniform mitigation verification inspection form". This inspection form when completed is valid for a period of 5 years of discounts.

Recently many consumers had been taking advantage of this form and the given discounts by misleading the insurance carriers. These insurance companies have become very strict on who can now inspect and sign off on this form including, a Florida licensed general, residential or building contractor

• A licensed building inspector
• A registered architect
• An engineer in the State of Florida

• A building code official (who is duly authorized by the State of Florida or its county's municipalities to verify building code compliance).

 

Licenses today are checked for validity before a carrier will give such discounts.

All buildings and structures are not built the same or at least not similar enough before the Florida building codes of 2001.

Florida is a state with catastrophic hurricanes which occasionally come to visit. One of the most valuable aspects of property insurance in Florida is windstorm hurricane coverage. This coverage will most likely bear the greatest insurance cost.

In order to lower insurance premiums buildings are built or redesigned to withstand wind gusts as great as 300mph.

If your property has such features to withstand hurricane winds then the insurance costs can be drastically reduced by as much as 70%.

Verifying these structural features requires individuals to hire inspection companies or professionals at their own expense to complete the required form needed by the insurance carrier. It is recommended in 80% of the time to have an inspection performed since there may be unnoticeable features which can reduce premium.

If a condominium building contains a cement reinforced roof which most high rise buildings do, then the discount can be a significant large amount. Or any structure with cement reinforced roof. The strength of the roof structure is a vital key discount. Not so much as to what type of tiles are laid on the roof.

Then there is how this roof structure is attached to the building itself. Discounts apply when roof decks have been installed with large nails and close spacing. It may be secured by clips or straps. These may look like metal brackets that are nailed from the underside of the roof to the beams attached to the remainder of the building and holds the roof structure to the walls.

There is something known as secondary water resistance which can prevent the roof from allowing water penetration in the extreme case the roof tiles are removed or blown off by strong hurricane winds.

The roof shape is also a vital part. Structures built before 2001 may be more unlikely to have roof shape discounts due to Florida's building code changes for hurricane compliance. The most common type of shapes is Flat, Gable, and HIP. These shapes are displayed in pictures on our Florida home insurance quoting page website. The HIP shape is the most beneficial for insurance discounts. The HIP shape is described as a roof which slopes down to the eaves on all four sides. This allows high winds to deflect and not clip any one side of the structure off the building.

Another important discount is the openings in the building. These are all the windows and doors. This usually may refer to hurricane shutters and can also apply to new hurricane impact windows and doors. Please note if you do not have shutters on EVERY window and door of the home then this discount will not apply. It is a discount of either all or none.

Newly constructed homes built after 2002 automatically receive many of the windstorm discounts as they adhere to the
newer Florida building codes.

Of course there are other discounts which can reduce insurance premiums like inside sprinklers, central monitoring fire and burglar alarms but these are not a factor when reducing the insurance windstorm portion. Also you can select to have a hurricane shutter inspection done without the other windstorm features. This would reduce the cost of your inspection.

Keep in mind the cost of the inspections may be a significantly worthwhile investment considering the insurance premium savings either in the first year of the insurance policy or through the next few years. Always verify the inspection company or person you hire is Florida licensed and will be accepted by the insurance company. Always get a receipt and negotiate or confirm the inspection price before you hire them.

Thanks to global warming, hurricanes, floods, fires, and other natural disasters are on the rise. And robbery and vandalism in Florida are at an all-time high. So if you own a condo and don't have Florida condo insurance you risk losing everything you own. Here's how to get cheap Florida condo insurance with an A-rated company.

Florida Condo Insurance

Most condominium association insurance policies only protect the condominium structure. It doesn't protect your personal property or provide you with liability insurance.

Here's what standard condo insurance covers:

Your Property

Condo insurance pays to replace your personal property when it's stolen, or when it's been damaged by fire, smoke, vandalism, natural disasters, or plumbing leaks. Condo insurance covers your property even if it's stolen or damaged at a location other than your condo. Standard condo association insurance covers your interior walls, carpets, and ceiling.

To determine how much property coverage you need, take an inventory of your personal property and use the total value as your insurance amount

Your Assets

Condo insurance pays for another person's bodily injury medical bills and property damage bills when you or your family are found to be at fault. It also pays for your legal fees.

You should have enough liability insurance to cover all your assets - savings accounts, CDs, stocks, bonds, etc. - in case a lawsuit is filed against you.

How to Get Cheap Florida Condo Insurance

In order to get the best price on Florida condo insurance you need to get quotes from a number of insurance companies. You can do this quickly and easily by visiting an insurance comparison website.

Insurance comparison websites work with large insurance companies who bid for you insurance business. At one of these sites you fill out a simple questionnaire with information about your condo and the type of insurance you want, then you receive quotes that you can compare.

The better insurance comparison sites have an articles section where you can get money-saving tips, and a chat feature where you can talk with an insurance professional so you can ask questions and get insurance advice (see link below.)

Before you visit one of these sites, check with your condominium association to find out what they cover, and have your current condo insurance policy handy to help answer any questions on the site's questionnaire. As you fill in the questionnaire make sure to request the highest deductible you can afford, and all the discounts you're eligible for, in order to get the cheapest quote.

Dick Herman may be president of the Burgundy A Condominium Association, but he doesn't like being a cop.

So you won't find the 70-year-old head of this suburbran Delray Beach condo asking fellow retirees at the Kings Point development whether they've purchased insurance coverage for their units. That's despite a new state law that goes into effect Thursday requiring his and other condo associations to do so.

How the new law works A leaking water heater in an uninsured second-floor condo unit floods the condo unit below it. The unit owner below has insurance but still has a $2,000 deductible. Unable to collect from the uninsured owner, the unit owner with flood damage could sue the condo association, arguing that it failed to protect residents interests by not 'force placing' insurance on the owner going bare. Source: Florida Department of Business and Professional Regulation; attorneys specializing in condo law.

If his fellow unit owners do not have insurance coverage, as mandated under a 2004 Florida law, then Herman can now "force place" insurance on individual unit owners - and assess them for it.

That doesn't sit well with Herman.

"These people are our neighbors," Herman said. "The condo association is being put in a very tenuous position because the state is making us police what residents are doing."

Indeed, according to the Jan. 1 law, if the unit owners still don't pay up, associations can obtain court judgments holding owners in default and eventually take possession of their condo units.

Although the new law - passed during the spring legislative session - can pit neighbor against neighbor in some cases, state lawmakers decided that requiring insurance protects the interests of all unit owners. Too often, condo associations were being socked with the bill when damage to one unit caused internal problems in another - such as a tub overflowing and leaking into the units below.

Still, what well-intentioned legislators thought was good public policy has resulted in hundreds of complaints to state officials over the new requirements because many owners have paid off their units and don't feel they should be forced to insure it beyond the master condo policy - which they pay through their maintenance fees to cover floors, walls and roofs.

There are no official statistics on how many of the more than 1 million condo unit owners in Florida are without coverage for interior features like kitchen cabinets, fixtures and hot water heaters. But it is believed by industry observers to be widespread, particularly in retirement communities like Kings Point where most are on fixed incomes.

State Rep. Matt Hudson, R-Naples, who spearheaded the new condo law, said it encourages owners to be responsible to cover damages to their unit and others. "If you don't insure your unit, it can create havoc," he said.

But the havoc may end up extending to the associations themselves. The state's chief condo regulator, Michael Cochran, said associations could end up getting dragged into lawsuits between owners over unit damages if they don't enforce insurance requirements.

Attorneys who practice condo law say associations can't possibly afford to "force place" insurance right now. "The law is coming at the worst possible time," Fort Lauderdale-based lawyer Donna Berger said.

"The problem is associations are already facing huge expenses foreclosing on owners delinquent on maintenance fees, and they can't afford to lay out insurance fees."

Berger wants state lawmakers when they meet in March to abandon the insurance requirements for several years, "until the economy gets better."

Flustered by Florida condominium insurance law? Some of the latest requirements are as confusing as they are contentious.

And lawmakers are likely to make more changes when they convene in March - including possibly reversing a statute requiring individual owners to obtain hazard and liability insurance as of Jan. 1.

But don't rip up that policy just yet. If you don't have insurance by the new year, the current law has a financially painful consequence: It gives associations the power to purchase a policy on a unit owner's behalf and bill later. And associations are not required to find the best deal.

Associations have always been required to carry insurance for association-owned property. In 2004, it was established that the association had to insure everything up to the wall board in the unit. The unit owner was responsible for the interior, including wallpaper, paint, popcorn ceiling, furniture and appliances.

In the last session, lawmakers required that as of Jan. 1, 2009, unit owners prove to their associations they had insurance and that the policies name the association as an additional insured.

But the way the statute is written is ambiguous, leaving associations and owners grappling for specifics."In general, these changes have been problematic from the start and have generated a large amount of questions and complaints to our office," said Bill Raphan, a South Florida supervisor with the state Office of the Condominium Ombudsman, a resource for unit owners, board members and property managers. "The legislature is seriously considering eliminating these [new] statutory requirements at the next regular session."

So what should you do? Buy a policy or flout the law and hope it will be altered?

Your safest bet is to "get the policy. It's the best way to protect yourself and your property," says Ed Domansky, a spokesman for the Florida Office of Insurance.

Here are Domansky and Raphan's answers to some commonly asked questions.

Are associations required to obtain proof of insurance from each unit owner?

"The new condo law allows, but does not require, condo associations to ask for a copy of the unit owner's policy," Domansky said. That means they can also choose to do nothing.

Unit owners have been required to carry insurance for a few years now, Domansky said. However, the new language requires the unit owners insurance to name the association as an insured entity.

What must an association insurance policy cover?

The law states every hazard insurance policy issued or renewed on or after Jan. 1, 2009, should provide primary coverage for all portions of the condominium property as originally installed or replacement of like kind and quality. The coverage excludes personal property, as well as water heaters and filters, and built-in cabinets, countertops, etc.

What must a unit owners hazard policy cover?

There is no minium coverage requirement, but the policy must also include special assessment coverage of no less than $2,000 per occurrence.

Who is responsible to pay when an association purchases a policy on the behalf of an owner?

"If an association purchases a policy, they have to deal with the problem of how to collect reimbursement from the unit owner," Raphan said. "The statute says it can be collected in the same manner as other assessments."

In other words, an association may choose to place a lien on a unit if its owner doesn't pay up.

"Particularly in these times, associations need to weigh their options and consider the consequences of attempting to enforce these collections," cautioned Raphan. "More liens and foreclosures are the last thing condo communities need."

March 25, 2008

TALLAHASSEE

In a rare political mea culpa, state legislators said

Monday there are deep flaws in the sweeping property

insurance law they passed almost unanimously last year

to help lower homeowner insurance rates.

The House Insurance Committee held a hearing Monday

aimed at building support to reverse last year's

legislation.

Among other changes, the 2007 legislation expanded

the Florida Hurricane Catastrophe Fund by $12 billion to

offer insurers cheaper reinsurance, or backup coverage,

and rescinded rate hikes of 21 percent and 56 percent

for Citizens Property Insurance Corp., the public

property insurer that has become the state's largest.

The legislative package helped lower homeowner rates by a statewide average of about 15

percent. But House insurance committee members say in hindsight, the savings won't be worth the

financial risk if a major hurricane strikes, wipes out state funds and leaves almost all Florida

homeowners to foot the bill. Key House leaders support scaling back the catastrophe fund and

oppose extending Citizens' rate freeze beyond its Jan. 1, 2009 expiration. The Senate Banking

and Insurance Committee today will consider extending it.

"When we see we're heading down the wrong direction, the first thing we do is stop ... and go the

other direction," said Rep. Alan Hays, who voted for the law last year but this year proposed a task

force to start a major overhaul of Citizens.

It's unclear how far Hays and his colleagues will get since key Senate leaders not only stand

behind last year's law but are hoping to beef it up. Senators on the insurance committee are

expected to vote today on bills that build on or close loopholes in last year's law. Most legislators

in South Florida, where about half of Citizens' $303 billion in storm exposure is concentrated, still

support the spirit of the consumer-friendly package passed last year.

Florida House panel criticizes 2007 homeowner insurance law -- South ... http://www.sun-sentinel.com/business/sfl-flzinsure0325sbmar25,0,6952...

2 of 3 3/26/2008 4:19 PM

Last year's legislation to cut homeowner premiums was an effort to address double- and triple-digit

insurance rate increases that threatened to force people out of their homes. The price jumps were

blamed on a spike in private reinsurance rates after eight hurricanes hit Florida in 2004 and 2005.

The House proposals now under review are expected to boost rates, but there's concern that

Florida homeowners can't survive insurance price increases in a year when the economy is

souring and a record number of Floridians face losing their homes to Foreclosure.

Jorge Salazar-Carillo, economics professor at Florida International University, said raising rates

now "would have a recessionary influence over the Florida economy, which is already in dire

straits."

In light of the troubled housing and credit markets, state leaders have expressed doubt that they'd

be able to sell $27 billion in bonds needed to pay storms claims if a Katrina-sized hurricane hit a

major population center in Florida.

Separately, Fitch Ratings, an independent rating agency, issued a report Monday saying Florida's

homeowner insurance market could "effectively collapse" if a major hurricane hits this year. For

instance, state insurance programs would have a $36.5 billion funding shortfall if a hurricane

causing $50 billion in damage struck Florida, according to the report.Members of the House

insurance panel said they're worried about the billions of dollars in fees that would be levied on all

automobile and property insurance policy holders in the state if state insurance funds go broke.

When the Legislature approved the insurance package last year, most insurance industry

representatives opposed it, though many welcomed expanding the catastrophe fund. William

Stander, assistant vice president of the Property Casualty Insurers Association of America,

opposed it all, warning it would "lead the property insurance market in Florida down a path of

deterioration" and allow Citizens to "become a giant, lumbering beast that will threaten to

financially ruin every man, woman and child in the state of Florida."

Only two legislators voted against the 2007 law, Reps. Dennis Ross and Don Brown, an insurance

agent who chairs the House insurance panel.

"So much of what is troubling us about Florida's [insurance] marketplace today is a creation all our

own," Brown said.

After being dropped, shuffled around and stuck with huge rate increases, Florida homeowners should see their average property insurance bills cut by nearly a quarter, state regulators said Thursday.

The net result of a sweeping change in Florida law designed to lower premiums, the average savings statewide for homeowners plus condo and mobile homeowners is expected to be 24.3 percent, but the numbers range from about 10 percent in the Panhandle to more than 50 percent in South Florida.

In the Tampa Bay area, the average overall savings will range from 18 to 35 percent, with Pinellas County seeing the greatest savings because homeowners in that county pay more for hurricane coverage.

The discounts apply only to the wind portion of a homeowner policy, but in coastal areas, that can amount to more than half of the total premium.

Regulators stressed that the calculated cuts were averages and could vary widely for individual policyholders.

"This is the right way to go," said J. Robert Hunter, a director of the Consumer Federation of America who was paid $50,000 to help the state calculate the formulas. "It will save a lot of money for the people of Florida."

The savings were made possible by a law enacted in January that for the next three years will allow insurance companies to buy more backup coverage, or reinsurance, from the state-backed Florida Hurricane Catastrophe Fund (CAT Fund).

Since CAT Fund reinsurance is cheaper than reinsurance found in the private market, the Legislature mandated the insurance companies pass the savings on to policyholders.

Companies have until March 15 to make changes in their rate filings to reflect the discounts. The reductions begin June 1 and continue as policies come up for renewal.

There is a downside, however. Once insurance companies make their new filings, they are free to drop policies.

And regulators will allow insurers to make adjustments to their filings later in the year based on how much reinsurance they buy. If they buy less, the premium reduction could also be less.

But Insurance Commissioner Kevin McCarty said companies are more likely to buy reinsurance from the CAT Fund, "and that should be more savings to pass on to policyholders."

The rate filings also might be adversely affected by a separate state law dealing with mitigation discounts. Insurance companies will soon have to pay more in discounts for policyholders who harden their homes. Those insurers, in turn, could try to pass on their higher costs through higher rates.

"We're going to look at that," McCarty said, saying it would be part of a later rate review.

What's also unclear is the impact on the 1.3-million customers of state-backed Citizens Property Insurance. The CAT Fund's biggest customer, Citizens, doesn't buy private reinsurance.

The company has already rolled back its rates to 2006 levels, so regulators think Citizens reductions would likely be in the single digits.

"We don't know yet how it will affect us," said Citizens spokesman Rocky Scott, adding that Citizens officials will meet with regulators Monday.

Still, the overall impact should be lower rates for most homeowners.

"Some people who have not gotten their increases from last year could see a more modest decrease," McCarty said. "That will be determined on a case by case basis.

"But for most Floridians, they can expect a very significant reduction in the hurricane portion of their premium on or after June 1."

The insurance industry remains cool to the idea.

"While these savings will have an immediate impact on Florida homeowners, we remain concerned that these short-term fixes will not prevent long-term headaches for consumers," said William Stander, vice president for the Property Casualty Insurers Association of America, an industry trade group.

Easier said than done.

"Every plans works if we don't have a storm," McCarty said. "We're at a higher risk, no question.

"But the Legislature had to strike a strategic balance."

Sample reductions

Zip code County Average reduction

33508 Hillsborough 22.1 percent

33684 Hillsborough 20.9 percent

33755 Pinellas 30 percent

33705 Pinellas 35.6 percent

33523 Pasco 18 percent

34602 Hernando 18 percent

34460 Citrus 11.6 percent

There is a new Florida law and it impacts your condominium policy!

 Recently, the Florida legislature passed House Bill 601, which applies to all condominium policies issued or renewed after January 1, 2009.  If you have condo insurance, this will affect your policy.  If you do NOT have condo insurance, take note!  You will want to get it on your own (to save money) or your condo association will have the ability to "force place" insurance just like a lienholder on your car has the ability to force placement on your car if you do not have insurance.   

Increased Loss Assessment: The new law requires that your condominium policy provide special loss assessments coverage of at least $2,000. So, if your current policy has a limit of liability of less than $2,000 for Coverage G, Loss Assessments, most companies will automatically increase your limit to $2,000 effective on January 1, 2009, at no additional cost to you. 

Condominium Association Treated as Named Insured/Loss Payee: In addition, in accordance with the new law, your condominium association will be treated as a named insured and loss payee for covered reconstruction costs related to any condominium property that the unit owner is required to insure.   This change does not increase your policy's coverage. It simply means that the condominium association will be named, in addition to you, on any loss payments made under Coverage A, Building Property Protection, of your policy. This change does not provide the condominium association with the right to cancel your policy.  They are listed as an Interested Party on your insurance in order to coordinate coverage in the event of a loss in which both parties are responsible. 

Providing Evidence of Hazard and Liability Coverage: The new law also requires condominium unit owners to provide proof of hazard and liability insurance to the association. You only have to provide this evidence once a year. Your Policy Declarations and this letter should suffice as adequate proof of these coverage and your compliance with the new law.  If you have any questions about how this will affect your insurance policy, or to have your condo association listed on your policy, please call your insurance agency.  If you do not own condo insurance and need to get more information or a quote, you may call Shannon or Michelle at George Salameh Allstate at (904) 287-1010 for a quote from a variety of condo insurers.  In most cases, Condo Insurance can be secured for under $50 per month in NE Florida. 

Think condo insurance is optional? Think again, say experts, as a new Florida law is about to take effect

In a situation that might qualify as a "be careful what you wish for" tale, several new Florida laws related to condominium insurance policies are slated to go into effect Jan. 1. The problem is they are essentially unworkable as currently written -- leaving many condo owners, community associations and insurance agents in a state of confusion about how to proceed.

At issue is a bill passed during the last legislative session, one which was pushed in large part by condominium associations looking to deal with a particular problem: how to deal with condo units that became damaged or destroyed inside, but whose owners lacked homeowner's insurance policies to fix them.

Condominium associations' insurance generally only covers reconstructing things to the bare walls. Everything beyond that, including carpets, cabinets, light fixtures and the like, are the responsibility of the unit owner to cover with his or her own insurance policy, if they so choose. Some condo owners simply forego that expense, if they do not find it economically viable. Associations can require such coverage in their condominium documents, but they do not have to.

But under new legislation set to take effect in January, state law now appears to mandate all condominium owners in Florida to provide proof of homeowner's insurance.

The way the new law was worded, however, created several problems that raised the alarm with associations and insurance companies as early as this past summer.

For one, the onus is now on the associations themselves to police these new regulations -- requiring that every condominium association obtain proof of insurance from each of its owners on a yearly basis. But it is unclear what happens from there.

"What exactly are they supposed to do?" said Ken Direktor, an attorney who heads up Becker & Poliakoff's statewide community association practice. "How are these associations supposed to enforce this? It's not really their role, or it certainly shouldn't be, to get into the insurance business."

The new law offers one solution to associations, but it turns out to be a nonstarter. It says the associations can buy individual insurance policies directly for the owners who do not have them.

The association "may purchase a policy of insurance on behalf of an owner," the new statue, part of Chapter 718.111(11), subsection G, reads. "The cost of such a policy, together with reconstruction costs undertaken by the association but which are the responsibility of the unit owner, may be collected in the manner provided for the collection of assessments."

In other words, if Joe Smith does not have insurance on his condo, the idea is for the association itself to go to an insurance company and purchase a policy for Joe Smith. The association then assesses Joe Smith for the cost of the insurance they have bought for him.

If he does not pay the bill, the association can file a lien against Joe as it would with any other owner delinquent on his dues or assessments.

Of course, there are two notable issues with this.

From a logistical perspective, the associations themselves would be in a position of not only policing who has insurance, but putting up the initial money to buy policies and then forcing their owners to comply, which may require legal action. The sheer work and expense of doing that would overwhelm their resources, associations say.

What is more, practically, even if they wanted to do that, no insurance agents seem willing to write that kind of coverage in the first place.

"If you're not the owner, we just can't do that for an association, it's just not done that way," said Evonne Devold, with MetLife Insurance. "I've had numerous associations calling about this in Bradenton and Sarasota, but I've had to tell them we just can't do it. I don't know any insurance agent who would."

Another part of the new law requires that "the association must be an additional named insured and loss payee on all casualty insurance policies issued to unit owners in the condominium." Insurance agents say they will not write that kind of policy either, as it could have all kinds of unforeseen consequences.

'Wait and see'

Forcing a homeowner's insurance policy on someone against their will is not completely unheard of, but it is limited to one type of relationship.

Banks, as part of mortgage contracts, can require such insurance -- and if the borrower does not buy it, the bank can go directly to an insurer to force compliance. But in those cases, an actual contract provides the bank with that authority.

Condo associations are a very different situation, and no insurance company in Florida seems willing to go down that road. That leaves the associations themselves unsure just what to do.

"We're being told on one side by the management company that we have a new law going into effect we need to comply with, and then on other side by the insurance company saying they just can't offer the kinds of policies we've asked about," said Kathy Timmons, a board member of the Garden Lakes Courtyard Community Association in Bradenton. "We're just going to wait and see what happens."

Direktor said at this point, he is advising his condo association clients to sit tight and wait until the Legislature comes back into session. He said he is telling them to go ahead and send letters out requesting the proof of insurance from all owners, but not to go beyond that.

"Going out and spending a bunch of money up front trying to get this insurance themselves, which appears to not even be possible, or taking action against owners who don't have policies, to me doesn't make a lot of sense if the statute is going to be rewritten in a few months' time," Direktor said.

Legislative staff in Tallahassee have already been in discussions with industry groups since the summer over how to deal with the snafu, and consensus seems to be emerging that perhaps mandates on individual owners should be scrapped altogether.

According to a Senate staffer participating in the discussions, a draft bill is already being prepared that could roll back many of the provisions in the new law.

As to how to avoid the very scenario the bill initially intended to address -- what happens when a damaged unit is left without insurance -- some in Tallahassee are exploring whether condo associations themselves should be required to cover more interior features in their own insurance policies. Specifically, there has been mention of cabinets having to be covered by the association, rather than an individual policy.

Doing so would raise the cost of the association's insurance, but it would lower the cost of individual policies that could be more limited. Given that the owners fund the association, the idea is for the cost to largely balance itself out in the end.

That approach would hearken back to the way condo insurance used to be 30 years ago. At that time, almost everything was covered under the association's policies. But after some high-profile cases in the 1980s and 90s of people spilling bleach on their rugs and burning their countertops and getting successful claims, the statutes gradually moved away from association responsibility for the interior of condos and instead provided for individual owners to buy such coverage.

Now, there may be movement back in the direction of community responsibility. Regardless, the new statutes set to take effect Jan. 1 will likely be on the chopping block by legislators this spring.