There are many benefits to being a member of a condominium, homeowner (HOA), and townhome community association. By paying assessments, unit owners share the cost for a variety of association expenses including common area maintenance (ex. lobbies, hallways, elevators), amenities (ex. club house, gym, pool), landscaping, utilities, and more.

 

Common Questions About Responsibility

It’s not uncommon for board members, property managers, and unit owners to have questions about who is responsible when it comes to certain repairs.

  • Who is responsible for maintenance in a condo or HOA?
  • Is the condo or HOA association responsible for plumbing?
  • Do I have to pay to repair/replace the appliances in the condo?
  • Who is responsible for the attic in a condo?
  • Who is responsible for the pipes in condominium walls?
  • Is the condo or HOA association responsible for water damage?
  • Are condo or HOA associations responsible for doors and windows?
  • Who is responsible for a leak or water damage in a condo?
  • Is the condo or HOA association responsible for sewage backup?
  • Do I need to maintain the fireplace in the condo?
  • Is the condo association responsible for drywall?
  • Is the condo association responsible for the AC unit?
  • Who is responsible for a roof leak in the condo?

Assigning repair responsibilities can be confusing as it may sometimes appear that an issue inside an individual condo unit or home would be the responsibility of the owner.

 

In Search of Answers

Referring to the association’s governing documents will typically answer these and other repair responsibility questions.

Additionally, a Maintenance Responsibility Chart is a proactive and convenient reference tool that helps to resolve uncertainty. KSN attorneys can create this chart for community association clients by:

  • Reviewing your association’s governing documents (bylaws, CC&Rs, declaration, articles of incorporation, rules and regulations, etc.)
  • Mapping maintenance responsibilities to the specific language in your association’s governing documents

A Maintenance Responsibility Chart can detail association versus unit owner responsibility for countless property concerns including balconies, doors, driveways, fixtures, painting, parking spaces, snow removal, storage areas, and much more.

 

Legal Resource

Do not hesitate to contact our law firm if your association has questions regarding a Maintenance Responsibility Chart, the Board’s fiduciary duties, governing documents, vendor contracts, or other legal concerns.

Please call 855-537-0500 or visit www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We have four office locations, serving hundreds of clients and thousands of communities throughout Illinois, Indiana, and Wisconsin. Our attorneys are also licensed in Arizona, Florida, and Missouri.

 

Please note the material contained in this article is for educational and informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained in this article. You should not act on the information discussed in this article without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information in this article, the law can change quickly. Accordingly, please understand that information discussed in this article may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed in the article law at any time, without notice, and disclaims any liability for your use of information or statements of law discussed on the article, or the accessibility of the article generally. This article may be considered advertising in some jurisdictions under applicable law/s and/or ethical rules/regulations. © 2022 Kovitz Shifrin Nesbit, A Professional Corporation.