The following statement was posted on the blog this morning (9/21) and is being reviewed by Terramesa.
"HOA insurance covers structure to the studs in the unit. Homeowners policy should cover drywall through finishes."
Looking at Article 4, Section 4.1 and 4.2 of the Declaration of Condominium for Bay Water Condominium (Please see Page 5), the definition of horizontal and vertical boundaries clearly provides that the the Association/Developer is responsible for the drywall/sheetrock and everything behind it since it is defined as a "Common Element."
Article 4, Section 4 clearly states as follows:""4.2 Perimetrical (Vertical) Boundaries. The perimetrical or vertical boundaries of each Unit shall be the plane formed by the inner unfinished surface of the outermost walls of the Unit extended to their intersection with each other and the upper and lower horizontal boundaries, with the plaster, SHEETROCK or wallboard or other material comprising the walls of the Unit constituting a portion of the COMMON ELEMENTS. Exterior doors, windows and exterior glass surfaces serving the Unit, including the frames for such items, shall be included within the boundaries of the Unit. All portions of heating and air conditioning systems serving a single Unit (including the compressor and any pipes, wires or lines serving such system located within or outside the Unit boundaries and all duct work for heating and air conditioning systems) and all appliances and plumbing fixtures within a Unit shall be a part of the Unit. [Emphasis added throughout.]"
4.1 Horizontal (Upper and Lower) Boundaries. The upper horizontal boundary of each Unit shall be the plane formed by the lower unfinished surface of the sheetrock or drywall of such ceiling, so that the DRYWALL, resilient channel or other material comprising the ceiling shall constitute a portion of the COMMON ELEMENTS. The lower horizontal boundary of each Unit shall be the plane formed by the upper surface of the subfloor of such Unit (the subfloor being defined as the upper surface of the gypsum cement underlayment flooring), with the floor covering constituting part of the Unit and the subfloor constituting part of the Common Elements." [Emphasis added.]"
4.3 Additional Information to Interpret Unit Boundaries. All appliances and plumbing fixtures within a Unit shall be a part of the Unit; provided, however, that to the extent that any chutes, flues, ducts, conduits, wires, bearing walls, bearing columns or any other apparatus lies partially inside of the designated boundaries of a Unit, any portions thereof serving only that Unit shall be deemed a part of that Unit; all portions thereof serving more than one (1) Unit or any portion of the Common Elements shall be deemed a part of the Common Elements."
