Does the HOA Cover Exterior Walls and Roofs? The Townhome Maintenance Boundary Decoded
By Ricardo Alonso, Founder, Atesa Risk Advisors · April 9, 2026 · Updated September 27, 2026
Key Takeaways
- Whether your HOA covers the roof and exterior walls depends on how your townhome is legally owned: as a condominium unit (Chapter 718) or as a fee-simple lot (Chapter 720) [1][2].
- Your recorded Declaration of Covenants (CC&Rs) settles who maintains what, and the association must let you inspect its copy within 10 business days of a written request [2][3].
- Choosing the wrong insurance policy (HO-3 vs. HO-6) can leave the roof and walls uninsured. Per Citizens (November 2025), a townhouse goes on a homeowners or dwelling form, a condominium unit on a unit-owners form [4].
- No HOA roofing-material law passed in 2026: SB 924 died in committee on March 13, 2026. Since July 1, 2026, an HOA may not require a building permit before it reviews your plans [5][6].
- A condo unit-owner policy must include at least $2,000 of loss assessment coverage [7].
In Florida, the HOA covers a townhome's roof and exterior walls only when the law or the recorded declaration assigns them to it. In a condominium (Chapter 718), the association maintains and insures them when they are common elements. In a fee-simple townhome (Chapter 720), the owner maintains and insures them unless the declaration says otherwise. The statutes behind this answer are FS 718.113(1), 718.111(11) and 720.303(1) [1][2][3].
The "Gray Area" — Why Townhome Maintenance Is So Confusing
If you have ever asked your HOA "who pays for the roof?" and gotten a vague answer, you are not alone. Townhomes sit in a legal gray area between single-family homes and condominiums, and the answer to almost every maintenance question is: it depends on your governing documents.
Here is why this matters right now. In November 2025, Citizens told its agents it had found townhouses and condominium units submitted on the wrong policy forms, "leading to potential coverage gaps" [4]. If you have the wrong personal policy for your townhome type, you could be paying for coverage you do not need — or worse, you could have a gap that leaves you paying for a roof replacement yourself after a hurricane.
The Maintenance Matrix: Understanding Your Legal Ownership
The first thing that decides who maintains your townhome's roof and exterior walls is your community's legal structure. Florida recognizes two primary models for townhome communities, and each one assigns maintenance responsibility very differently. You will hear the first called "condo-zoned," but a condominium is a form of ownership, not a zoning category [8].
When the HOA Is Responsible (The "Walls-Out" Model)
Some Florida townhome communities are legally structured as condominiums under Florida Statute Chapter 718, even though they look like townhouses from the street. In this model, the association functions as the "master" entity and maintains the common elements, meaning everything outside the units as the declaration draws them. When the units stop at the drywall, that is the building's exterior shell — the roof, exterior walls, stucco, and structural elements [1][8].
Under the walls-out model, you own your unit (from the drywall inward) plus an undivided share of the common elements; the HOA maintains them but does not own them [8]. A condominium budget must include reserve accounts for roof replacement, so your monthly HOA fees feed a reserve fund unless the owners have voted to reduce it [9]. The HOA must insure the building as originally installed [3], and you carry an HO-6 (condo) policy that covers your interior improvements, personal property, and liability.
Clues that your townhome follows this model:
- Your deed describes a unit in a condominium. By statute, the recorded name must include the word "condominium" [10]
- The CC&Rs list roofs and exterior walls as "common elements"
- Your association's budget shows reserve accounts for roof replacement and building painting
- The HOA carries a master insurance policy that covers the building shell
When You Are Responsible (The "Fee Simple" Model)
Other townhome communities, including planned unit developments (PUDs), treat each townhome owner as a fee-simple property owner in a homeowners' association under Florida Statute Chapter 720. In this model, you own the land beneath your unit and the entire structure — including the roof and exterior walls.
Chapter 720 leaves the roof to the governing documents [2]. When the declaration gives the HOA only the common areas (the pool, gates, clubhouse, landscaping of shared spaces, and community roads), the rule is short. Your roof, your walls, your problem. A declaration can also assign the roofs to the association, so read yours first. You need a full HO-3 (homeowners) policy that covers the dwelling structure, just like a single-family home [4].
Owning the roof puts its age on your application: an insurer may not refuse a homeowners policy solely because of roof age when the roof is under 15 years old, or when an inspection shows 5 or more years of useful life left [11].
Clues that your townhome follows this model:
- Your deed grants you ownership of the land and all structures
- The HOA budget covers landscaping, gates, and amenities only, with no line for roofs or building insurance
- The HOA does not carry a master policy covering your building
- Neighbors have handled their own roof repairs in the past
| Feature | Condo-Form (FS 718) | Fee-Simple (FS 720) |
|---|---|---|
| Who owns the roof? | The unit owners together (common element) | You (the owner) |
| Who owns exterior walls? | The unit owners together (common element) | You (the owner) |
| Who pays for roof replacement? | HOA via reserves/assessments | You, unless the declaration assigns the roof to the HOA |
| Insurance you need | HO-6 (condo policy) | HO-3 (homeowners policy) |
| Roof reserves in the budget | Required by statute [9] | Optional [2] |
| HOA master policy covers | Building as originally installed + common elements [3] | Common areas only, unless the declaration adds the buildings [12] |
| Your policy covers | Interior, personal property, liability | Entire dwelling + personal property + liability |
How to know for sure: Pull out your Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and search for the word "Maintenance" or "Insurance." Look for the Maintenance Matrix — our name for the list (sometimes a chart) of which elements the HOA maintains and which are the owner's responsibility. If you cannot find your CC&Rs, request a copy from your HOA management company or search your county's official records, where the declaration is recorded [2][10].
New 2026 Laws: How Florida Statutes Impact Your Townhome
Here is what changed for townhome owners in 2026, what did not, and the reserve rules now in force.
The Roofing Material Debate (SB 924)
During the 2026 session, Senate Bill 924 proposed expanding restrictions on HOAs dictating roofing materials. The bill would have prohibited associations from requiring specific roofing materials as long as the alternative appeared "substantially identical" in shape and color and met Florida Building Code standards (ASCE 7-22). SB 924 died in committee on March 13, 2026, so none of that is law [5].
Existing law is narrower. Under FS 720.3035, the board must adopt hurricane protection specifications and may not deny an owner's application that conforms to them, though it may hold you to the community's existing unified building scheme. The statute's list of hurricane protection includes roof systems recognized by the Florida Building Code that meet ASCE 7-22 standards; it does not name metal roofs [13]. Solar collectors are covered by a different statute, FS 163.04 [14]. Since July 1, 2026, an HOA also may not require a building permit before it reviews your plans [6].
What this means for you: If your HOA is telling you that you must use a specific (expensive) roofing material, ask for the hurricane protection specifications the board adopted and check whether the roof you want conforms to them. You may have more options than the board is telling you.
The SIRS Factor: Reserve Studies for 3+ Story Buildings
If your townhome building is three habitable stories or higher and legally classified as a condominium, it may fall under Florida's Structural Integrity Reserve Study (SIRS) mandate; the statute exempts single-family through four-family dwellings of three or fewer habitable stories [9]. Enacted in 2022 after the Surfside collapse [15], SIRS requires qualifying buildings to complete a study of the remaining useful life and replacement cost of structural components — including the roof, structural systems, plumbing, electrical, and waterproofing [9].
Key facts about SIRS in 2026:
- Under HB 913 (2025), the deadline for the first SIRS was December 31, 2025, or December 31, 2026 for an association completing it with a milestone inspection due by then [9][16]
- Owners in an association that must have a SIRS cannot waive reserves for the items the study covers, with narrow statutory exceptions [9]
- The study must be completed at least every 10 years [9]
Why this matters for your wallet: If your condo-form townhome association has been underfunding reserves, the SIRS requirement may trigger special assessments to make up the shortfall. This is one more reason to understand your community's financial health before you buy — or to get involved with the board if you already own.
3 Steps You Can Take Today to Protect Yourself
Here are three concrete steps you can implement this week:
| Step | What to Do | Why It Matters | Estimated Time |
|---|---|---|---|
| 1. Find your CC&Rs | Request your Declaration of Covenants from your HOA management company or search for it in your county clerk's official records. Search for "Maintenance" and "Insurance." | This is the document that answers who maintains what in your community. Without it, you are guessing. | 30 minutes |
| 2. Verify your policy type | Call your insurance agent and confirm whether you have an HO-3 or HO-6 policy. Tell them your townhome's legal structure (condominium or fee-simple). | The wrong policy type means you either have a dangerous coverage gap or are wasting money on duplicate coverage. | 15 minutes |
| 3. Request the HOA's insurance certificate | Ask your HOA board or property manager for a copy of the association's master insurance policy declarations page. The policies are official records that owners may inspect [2][3]. | You need to know exactly what the master policy covers so your personal policy fills the gaps — not overlaps them. | 15 minutes |
Free Download: CC&R Maintenance Boundary Checklist
We created a 3-page printable checklist that walks you through every step above — from locating your CC&Rs to mapping your maintenance boundaries to verifying your insurance coverage. Bring it to your next insurance review.
Download the Free CC&R Checklist (PDF)
Not sure how to read your CC&Rs or master policy? Email us your documents for a free maintenance boundary audit. We will tell you exactly which policy type you need and whether your current coverage has any gaps.
Call us at (904) 900-5063 or get a free quote to discuss your specific situation.
Aligning Your Personal Policy with the HOA Master Policy
Getting this right is critical. Here is the breakdown of what each policy type covers and the danger of mismatching.
The Danger of "Double Coverage"
If your townhome is a condominium unit and the HOA master policy already covers the roof and exterior walls, buying a full HO-3 homeowners policy means you are paying for structural coverage you do not need. That money would be better spent on higher Loss Assessment coverage, where your carrier offers it, or a lower deductible on your HO-6 policy.
The Danger of "No Coverage"
This is the more dangerous scenario. If your townhome is fee-simple and you own the roof, but you only carry an HO-6 condo policy, you have almost no coverage for the dwelling structure: on Citizens' HO-6, dwelling coverage starts at $1,000 [17]. When a hurricane tears off your roof, your HO-6 policy is there for your furniture and interior damage — but the roof replacement comes out of your pocket.
| Coverage Element | HO-3 (Homeowners) | HO-6 (Condo) |
|---|---|---|
| Dwelling structure (roof, walls) | Covered | Not covered |
| Interior improvements (cabinets, flooring) | Covered | Covered |
| Personal property | Covered | Covered |
| Liability | Covered | Covered |
| Loss assessment | Limited ($1,000 typical) | $2,000 minimum by law; up to $10,000 on the private policies we place |
| Best for | Fee-simple townhome owners | Condo-form townhome owners |
Understanding Loss Assessments
Even if your HOA covers the roof, you are not completely off the hook financially. In a condominium, the master policy's deductible is a common expense [3], so the association can assess each unit owner for their share of the out-of-pocket cost.
The fix: Make sure your HO-6 policy includes Loss Assessment Coverage, which pays your share of HOA special assessments resulting from a covered loss. Know its limits: $2,000 minimum by statute [7], exactly $2,000 with Citizens [17], and up to $10,000 on the private policies we place. On the standard form, the part of an assessment caused by the association's deductible is commonly capped at $1,000.
Frequently Asked Questions
Q: My roof is leaking, but the HOA says it is my responsibility. What should I do?
A: Start with the maintenance section of your recorded declaration. In a condominium, maintenance of the common elements is the association's responsibility, and a written inquiry sent to the board by certified mail must be answered within 30 days [1][9]. If the board still refuses, consult a Florida community association attorney.
Q: Does the HOA cover the windows if they are broken in a hurricane?
A: It depends on the ownership. In a condominium, the association's policy must cover the building as originally installed, while interior items such as floor coverings, cabinets and window treatments are the unit owner's to insure [3]. In a fee-simple townhome, the windows are part of the dwelling your homeowners policy insures.
Q: Can I choose my own roofer in a townhome community?
A: If the association maintains the roof, the board hires the contractor. If the roof is yours, you choose, subject to architectural review. The board may not deny a roof system that conforms to its adopted hurricane protection specifications [13].
Q: What is the difference between a townhouse and a condo in Florida for insurance purposes?
A: The physical appearance does not matter; the legal ownership does. A unit in a condominium building (FS 718) goes on a unit-owners policy, the HO-6, because the association insures the building. A fee-simple townhouse (FS 720) goes on a homeowners policy, the HO-3, because you own and insure the structure [4].
Q: How much does Loss Assessment Coverage cost on an HO-6 policy in Florida?
A: The price depends on the carrier and the limit, so we quote it policy by policy. The limits are firmer: $2,000 minimum by statute, exactly $2,000 with Citizens, and up to $10,000 on the private policies we place [7][17]. On the standard form, the part of an assessment caused by the association's deductible is commonly capped at $1,000.
Q: My townhome is in a PUD (Planned Unit Development). Which policy do I need?
A: Start with a homeowners policy. For the loans it buys, Fannie Mae requires an individual policy on each PUD home unless the project's legal documents provide for a master policy covering the residential structures [12]. Read the insurance section of your declaration, and any sub-association's, before you choose.
Related Reading
- Townhome vs. Condo in St. Johns County: Which Insurance Do You Actually Need? — the ownership-structure question this post raises, settled county by county.
- How Much HO-6 Coverage Do You Need? The Florida Condo Sizing Guide — if your townhome is condo-style, how to size the walls-in policy.
- How Much Is Homeowners Insurance in Florida? (2026) — if your townhome is fee-simple, what the HO-3 market looks like this year.
How Atesa Risk Advisors Can Help
Navigating townhome insurance in Florida does not have to be confusing. As an independent agency with access to 40+ A-rated carriers, we can shop the market to find you the right policy type at the best price — whether that is an HO-3 for your fee-simple townhome or an HO-6 with the right loss assessment limit for your condominium unit.
As a RamseyTrusted Pro and a former construction professional, our founder Ricardo Alonso understands building structures from the ground up. We have reviewed hundreds of CC&Rs and master policies for Florida townhome owners, and we can tell you in plain language exactly what you need.
"As an agent, I have seen three townhome owners this month lose claims because they had the wrong policy type for their plat. Do not guess — email me your CC&Rs for a free audit." — Ricardo Alonso, Founder
Before you call: Download our free CC&R Maintenance Boundary Checklist and fill it out with your community's details. When you call us, we can review your answers and give you a precise recommendation in minutes instead of days.
Ready to make sure you have the right coverage? Get your free quote and consultation at atesariskadvisors.com/get-quote or call (904) 900-5063.
Sources
[1] The 2026 Florida Statutes — Section 718.113, Maintenance
[2] The 2026 Florida Statutes — Section 720.303, Association powers and duties
[3] The 2026 Florida Statutes — Section 718.111, The association
[5] The Florida Senate — SB 924 (2026), Roofing Material Restrictions for Homeowners' Associations
[6] Laws of Florida — Chapter 2026-63 (CS/CS/HB 803)
[7] The 2026 Florida Statutes — Section 627.714, Residential condominium unit owner coverage
[8] The 2026 Florida Statutes — Section 718.103, Definitions
[9] The 2026 Florida Statutes — Section 718.112, Bylaws
[10] The 2026 Florida Statutes — Section 718.104, Creation of condominiums; contents of declaration
[11] The 2026 Florida Statutes — Section 627.7011, Homeowners' policies
[12] Fannie Mae Selling Guide — B7-3-03, Master Property Insurance Requirements for Project Developments
[13] The 2026 Florida Statutes — Section 720.3035, Architectural control covenants
[14] The 2026 Florida Statutes — Section 163.04, Energy devices based on renewable resources
[15] Laws of Florida — Chapter 2022-269 (SB 4-D), Building Safety
[16] Laws of Florida — Chapter 2025-175 (CS/CS/HB 913)
[17] Citizens Property Insurance Corporation — HO-6 Coverage Worksheet, Condominium Unit Owners (08/26)
Ricardo Alonso is the Founder of Atesa Risk Advisors, a Florida independent insurance agency specializing in condo and HOA insurance and homeowners coverage. Licensed 2-20 General Lines Agent and 2-15 Health & Life Agent, with a background in construction that gives him a unique understanding of building structures and maintenance responsibilities.