The first thirty days after a hurricane decide what an association's insurance claim will be worth. Florida law requires written notice of a new property claim within one year of the date of loss (eighteen months for supplemental or reopened claims), the policy requires the association to mitigate further damage and cooperate with the adjuster, and the carrier has its own statutory deadlines to acknowledge, inspect and pay. The steps below are the sequence Hamilton Mikes uses with condominium, cooperative, HOA and club boards after every storm.
Step 1: Give notice to every carrier, in writing, now
Report the loss to each property carrier (windstorm, flood, and any excess or equipment policy) as soon as damage is known, even before its extent is understood. Section 627.70132 generally bars a new claim not reported within one year of the date of loss and a supplemental or reopened claim not reported within eighteen months. The clock runs from the storm, not from when the roof leak appears in March. Report by the method the policy specifies and follow up by email so the association has a dated record; note the claim number and the assigned adjuster.
Flood policies (National Flood Insurance Program or private) have their own proof-of-loss deadlines, often 60 days, which are frequently extended after major storms; confirm the current deadline for each policy in writing.
Step 2: Document before you clean
Before any cleanup that is not necessary to prevent further damage, photograph and video every affected area: each building elevation, the roof, interiors of common areas, mechanical rooms, elevators, pool and deck, seawalls and docks, landscaping and signage. Date-stamped images and a walk-through video narrated by the manager are the most persuasive evidence the association will ever have; adjusters arrive weeks later, after debris has been hauled and drywall removed. Ask owners to document unit interiors the same way and to send copies to management for items the association insures (as originally installed drywall, for example).
Keep every damaged component the adjuster may want to see: sections of roofing, window frames, cabinet doors from common areas. Photograph them before disposal if they cannot be stored.
Step 3: Mitigate, and keep the receipts
The policy requires the insured to protect the property from further damage, and failing to do so is a coverage defense. Tarping roofs, extracting water, drying out buildings, boarding openings and removing wet materials that will grow mold are covered mitigation expenses if documented. Use the pre-approved emergency mitigation authorization the board adopted before the season (see our hurricane preparation checklist), verify the contractor's license and insurance, and refuse any form containing an assignment of benefits, which is prohibited for policies issued on or after January 1, 2023. Keep invoices, payment records, and daily logs of what was done and why.
Step 4: Assemble the claim team
Most associations need three professionals: the insurance agent, who knows the policy and the carrier; an engineer or general contractor who can prepare a complete scope and estimate of repairs (the adjuster's estimate will otherwise define the claim); and counsel, to manage deadlines, contracts and disputes. Some claims also warrant a public adjuster, who documents and negotiates the loss for a percentage of the recovery; Florida caps that fee for claims arising from a declared emergency, and the agreement should be reviewed by counsel before signing. Decide early who communicates with the carrier and route everything through that person.
Step 5: Cooperate with the adjuster and control the record
Attend every inspection with the association's engineer or contractor, walk the adjuster through the documentation, and follow each inspection with an email summarizing what was shown and any areas the adjuster did not inspect. Respond to requests for information promptly, but through counsel when the request seeks board minutes, prior claims or maintenance records; how those are framed matters. Do not sign a sworn proof of loss or a release without review.
Step 6: Track the carrier's deadlines
Florida's property insurance reforms imposed deadlines on insurers. Under section 627.70131, the carrier must acknowledge the claim within a short statutory period, must begin its investigation and conduct any physical inspection within specified periods after receiving the proof-of-loss statements, and must pay or deny the claim, in whole or in part, within 60 days after receiving notice (subject to limited exceptions such as factors beyond the insurer's control). Interest accrues on late payments. Calendar every deadline and remind the carrier in writing when one passes.
Step 7: Evaluate the estimate
When the carrier's estimate arrives, compare it line by line to the association's own scope. Common shortfalls after a hurricane: depreciation applied to items the policy covers at replacement cost; roof repair when code and manufacturer requirements demand replacement; failure to include code-upgrade costs recoverable under ordinance-and-law coverage; "matching" disputes over partial replacement of siding, tile or flooring; and exclusion of interior damage as pre-existing or maintenance-related. Each is a documented response, not an argument.
Step 8: If the carrier undervalues or denies the claim
The association has a graduated set of tools:
- Supplemental claim. Submit additional documentation and a revised estimate; the eighteen-month deadline applies.
- Appraisal. Most policies allow either party to demand appraisal of the amount of loss; each side appoints an appraiser and the two select an umpire. Appraisal is binding on amount, not coverage, and is often the fastest path to a fair number.
- State mediation. The Department of Financial Services administers a mediation program for property insurance disputes that is available to many association policies and is inexpensive.
- Litigation. Before filing suit on a property insurance claim, the insured must serve a pre-suit notice on the carrier and the Department of Financial Services at least ten business days before filing, stating the disputed amount and the pre-suit settlement demand. The 2022 reforms eliminated one-way attorney's fees for most property insurance suits, which changed the economics of litigation; counsel should evaluate the claim's size and the carrier's conduct before recommending it.
Step 9: Coordinate with owners
In a condominium the association's claim and dozens of owners' HO-6 claims arise from the same event. Owners insure their contents, floor and wall coverings, cabinets and appliances; the association insures the building as originally installed and is responsible for reconstructing what it insures. Clear early communication about who is repairing what, and when, prevents owners from hiring contractors for association-responsibility items and prevents double claims. Loss assessment coverage on owners' policies may respond to the association's deductible assessment; tell owners how much and when.
Step 10: Fund the gap
Insurance proceeds arrive in stages and rarely cover everything. The board should decide early how the deductible, the uncovered scope and the timing gap will be funded (reserves for the same components, a special assessment, a loan or line of credit, or a combination), and should adopt those decisions with the notices and votes the documents and statutes require, using emergency powers only for what is reasonably necessary.
Frequently Asked Questions About Association Insurance Claims
How long do we have to report hurricane damage?
Florida law generally requires notice of a new property insurance claim within one year of the date of loss, and notice of a supplemental or reopened claim within eighteen months. Report immediately, and add newly discovered damage to the open claim in writing.
Should we clean up before the adjuster arrives?
Do what is necessary to prevent further damage (tarping, water extraction, drying, removing wet materials that will grow mold), and document everything first. Do not begin permanent repairs before the carrier has inspected unless the carrier agrees in writing.
Do we need a public adjuster?
Sometimes. Public adjusters can be valuable for large, complex losses and their fees are capped for declared-emergency claims. Many associations achieve the same result with an engineer's scope and counsel. Have the agreement reviewed before signing.
How long does the insurer have to pay?
Under Florida law the carrier must pay or deny the claim, in whole or in part, within 60 days after receiving notice, subject to limited exceptions, and interest accrues on late payments. Earlier deadlines apply to acknowledging the claim and inspecting the property.
What is appraisal?
A policy-based process for resolving disputes about the amount of a loss: each side appoints an appraiser, the appraisers choose an umpire, and the panel's award on the amount is binding. It does not decide whether the loss is covered.
Can our roofing contractor deal directly with the insurer for us?
Assignments of benefits are prohibited for policies issued on or after January 1, 2023, so the contractor may not step into the association's claim. The association controls its claim; contractors are paid under conventional contracts.
Contact Hamilton Mikes
Hamilton Mikes represents Southwest Florida associations from first notice through appraisal, mediation and litigation of hurricane and other property insurance claims. Call 239-594-7227 or visit our Insurance page.
Statutes and authorities referenced
- § 627.70132, Fla. Stat. (notice of property insurance claim: 1 year; supplemental/reopened: 18 months)
- § 627.70131, Fla. Stat. (insurer acknowledgment, inspection and payment deadlines)
- § 627.70152, Fla. Stat. (pre-suit notice before property insurance litigation)
- § 627.7015, Fla. Stat. (Department of Financial Services mediation program)
- § 627.7152, Fla. Stat. (assignment of benefits prohibited for policies issued after Jan. 1, 2023)
- § 626.854, Fla. Stat. (public adjuster fee limits)
- § 718.111(11), Fla. Stat. (association insurance and reconstruction duties)
- Session laws: SB 76 (2021), SB 2-D (May 2022), SB 2-A (Dec. 2022)