Condo Association Management Blog

There are a lot of questions here. Most of the answers depend on what the association documents (in California, called CC&Rs) say. Usually in condos, the association is responsible for every area that is "common area" and pipes that are in the "common area" and that usually includes everything outside the surfaces of the floors, ceilings, and walls of the owner's "space" (unit. In such a case, the association would be responsible for repairs within the unit if it was negligent meaning it did not fix the common area when told of a leak or did not fix common area pipes when told about the leak. There are a lot of variables here and that is why I cannot give a more definitive answer.

these are questions better answered by a licensed attorney in your state.

There are two policies involved. To get an accurate answere have the claims person fron the association policy and the claims person fron the unit owner read your documents, your policies and explain who covers what damage. There is no single answer

If the roof leaks, water piping, and also for the water line it is the condo's responsiblity to pay for damage. Any damage that happens because of piping in the walls is usually the condo's problem. any thing that must be done with pipes you might want to make sure they use a licensed plumber and someone that knows the building piping. 
 
 
 
But it ... Read More is not the condo's responsiblity to pay for damage done by someone elses equipment like the air conditioning. The unit owner of that air conditioning is responsible or they can go to their home owners insurance.

Damage of the type described is generally covered by either the association's insurance policy or the unit owner's homeowner's policy. Neither policy will cover repairs at the origination point (the leaking roof, for example), only the resulting damage to the affected units. 
 
If the problem originates from a common element (the roof, pipes in the walls, whatever your governing docs specify as common elements) the association is responsible. If the problem originates from another unit, the unit owner is responsible. Claims should be filed accordingly. 
 
It can be very difficult to convince an owner to file a claim with their insurance company and take responsibility (as well as pay the required deductible). In Illinois, the association can file the claim through their insurance policy if the common elements are damaged (up to the drywall - which typically happens when there is water damage) and if the problem is found to originate from a unit, the amount of the deductible can be charged back to that owner. The amount is added to the owner's account and the association has whatever remedies are allowed by law to collect it. 
 
If the cost of the repairs is less than the deductible amount, the association is responsible for repairs for any damage originating from a common element. Owners are responsible for repairs for damage originating from their own unit (a leaking toilet, for example). Again, it may be easiest for the association to cover the expense and then charge it back to the responsible unit than for one owner to get another to pay for the repairs. 
 
File insurance claims for any major repairs originating from common elements (the roof, pipes in the walls). 
 
Take care of the repairs and if the problem is found to have originated from a unit, charged the expense (or the deductible) back to that unit. Water damage can cause serious mold problems and the association should be taking the necessary steps to prevent further damage to common elements and other units. 
 
Your association seems to need some help with acting on delinquent owners, as well. Failing to collect for five years is a breach of fiduciary duty. You should speak to an attorney about what can be done to remedy that.

I live in a beautiful condo on the lake but have had problems with flooding. It appears to come during a large rain and enters through the concrete slab--who is responsible for the repair to the slab so it won't happen in the future? If it continues, who is responsible for the clean up?

I would like legal advice concerning a gross negligent brought on by my Condo. Association and Management Company. 
 
I purchased my condo in Sept. 2007 and at the time, I had an inspection done before I signed the papers to complete sale. 
 
At that time, my inspector had written out and emailed his findings which were satisfactory with the exception of the roof over my 2nd bedroom. 
 
I had informed the Condo. Association of the potential problem, incl. emailing the report and pictures taken my by inspector. I was informed that the problem would be rectified concerning the roof before imminent damage could occur.  
 
Fast forward to present, I noticed that my ceiling in my 2nd bedroom is caving in and there are prominent cracks that had appeared. 
 
I again notified my Condo. Association, incl. the Property Management Co. that we had at the time and was told that they would send someone out to access the situation. 
 
Someone did come out (a 3rd Party) retained by the previous Mmgt. Co. who came to look at my ceiling, but, not go to the roof to see if there was damage there. 
 
I was then contacted stating that I was responsible to any and all charges in fixing the damage since it was within my unit. 
 
I then contacted my Home inspector to come back out to reassess my ceiling, incl. the roof and his findings were astonishing. 
 
He discovered through his reading, pictures and experience that my severely cracked ceiling is the result of an improper roof installation and a patch-work job. 
 
I forwarded the newest report over to my Condo. Assoc. and their reply was not favorable. 
 
I would like any and all help with this matter and to hold the Association, incl. the Management Co. responsible for any and all expenses that is incurred upon me. 
 
Thank You for your time, 
 
Sheleda M. Groves

The unit owner's water heater broke and casued water damage and mold to their unit. The unit has been vacant there is a new water heater sitting in the unit waiting to be installed. They never contacted the association about the water heater. They called the association to come in and check out the Kitchen sink for a clog the plumber came in and fixed the clog. While there the owner told the maintenance man that the sink was causing the mold, however acording to the plumber that is not true, according to the plumber the sink never overflowed. Should the association be held responsible for replacing the sheetrock damaged by the mold due to the owners negligence?

I recently had a water pipe break on my patio. The break was below the shut off value so we had to turn the entire units water off for the repair. I called my HOA and they sent a plumber. The plumber stated that since it was below the shut off valve it would be HOA responsibility. A few months later I received a notice that they HOA wants me to pay the plumbing charges as they determined it was my responsibility. How can I verify if it is my responsibility or the HOA's?

I am the President of a condo association and unit owner complains of mold underneath his linoleum in his bedroom. His insurance company say there is water intrusion underneath the ground, we checked with 2 other contractors and they say no water intrusion underneath the concrete slab but water is coming in from sprinklers and smal cracks in patio slab. slab needs caulking and minor windo caulking. Who is responsible for the mold repairs inside the unit? The unit owner or the association? We will fix the outer parts of the condo- slab, sprinklers etc. Isn't the unit owner's insurance company to pay for his mold reparation? 
 

I have termites and my association is telling me that it is my responsibility to have someone come out and spray and I believe if they have sprayed around the foundation as they say they do that I wouldn't have this problem! From what I have red termites come from outside in and I feel it's there problem and not mine! PLEASE HELP!!!!!!!!!!!