Condominiums are unique insurance exposures because the property is owned by separate parties; the units are owned by individuals, but the outer structure and common areas are owned by the association. Where and when the policies do and don't intersect is often confusing. Likewise, states vary in their definitions of elements and requirements for which party is to insure what parts of the building. When are patios an individual units owners responsibility to insure, and when are patios the responsibility of the association? This chart answers many of those questions by providing state-by-state definitions and regulations needed in order to determine what part of the structure belongs to the unit owner, and what belongs to the association, and how the insurance policies interact.

This chart contains an extensive amount of data. Each state is broken into two main sections, Association and Unit Owner. The text on the left hand side of each section should be treated as a heading. For example, the first entry under Common Elements is "All portions of a condominium other than the units". That is a general definition of common elements. If an X is to the right of that text, then that states uses that definition of Common Elements.

If other text is to the right of that text, such as: "land, foundations, basements, floors, main walls, ceilings, roofs, halls, lobbies, stairs, entrances/exits, elevators and all devices/installations existing for common use; central power/light/gas/water; includes residence of janitor" then that is what that state is using for the definition of Common Elements.

If there is a dash - to the right of the text, then the state does not address that information in its statutes. If you have any questions, feel free to submit a question via Ask the Experts. Those questions come to us in real time, so we can answer you quickly.


Original 2/21

Update 12/15/2021, 4/20/23, 10/9/23