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Declarations of Condominium and Damage Caused to Other Units

Submitted by Melanie Barker on 24 Aug, 2026

Florida courts have consistently held that restrictions contained within a declaration of condominium are presumed valid. This presumption exists because each unit owner purchases his or her unit with knowledge of those restrictions and accepts them as part of the bargain. See Hidden Harbour Estates, Inc.

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Coverage Defense versus no Coverage

Submitted by Jessica Gregory and Carri Leininger on 17 Jun, 2026

Under Florida law, there is a critical distinction between a coverage denialĀ  and a coverage defense. A coverage denialĀ  occurs when the claim falls outside the scope of the policy’s insuring agreement or is expressly excluded by the policy’s terms. For example, if a liability policy only covers…

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