FREQUENTLY ASKED QUESTIONS

The term point of origin refers to the first event that sets in motion the series of other events leading to a maintenance need. It is important to understand the point of origin of the damage because it may determine responsibility for its cost. For example, if the bathtub of a condominium unit overflows, the owner is responsible for all resulting damage to other units and to the common area. This is true because the point of origin of the damage was either a malfunction of the faucet or drain (elements for which the owner is responsible) or an occupant’s negligence in allowing the tub to overflow (an act for which the owner is responsible). The Association will still be involved in the repair process and may require the use of specific contractors, but the owner may be responsible for all the costs.

In condominium projects and planned developments, maintenance obligations are not necessarily determined by ownership. In other words, the fact that an element or area is individually owned does not necessarily mean that it is individually maintained. To determine whether an element or area is individually maintained, begin by reading the sections of the governing documents that specifically discuss maintenance obligations. The maintenance sections may or may not refer to the ownership sections (such as the definition of the condominium unit). If responsibility for the element or area is not clear, attempt to determine the author’s intent by analogy to similar elements or areas that are mentioned in the documents. If the documents provide no clues as to the authors intended allocation of responsibility, determine ownership of the element or area and allocate responsibility based on ownership.

In most condominium projects, individual owners are obligated to maintain the following elements of the property:

• Everything included within the definition of the unit as explained under the heading “What portions of a condominium are individually owned?” above;
• The glass, screens, moving frame, and hardware of windows (even if they do not fall within the definition of the unit);
• All doors, door frames, and door hardware (even if they do not fall within the definition of the unit); and
• The finished wall surfaces of storage spaces assigned as limited common elements.

Where exterior areas such as decks, patios or yards are included as part of a condominium unit or assigned as limited common elements, individual maintenance obligations vary widely, and no generalizations are possible.

In most planned developments, individual owners are obligated to maintain the following elements of the property:

• All interior elements and areas of the homes;
• All portions of the plumbing, electrical, heating and air conditioning systems serving the homes;
• All foundations and structural elements of the homes (but not roofing and siding);
• All glass, screens, moving frame, and hardware of windows; and
• All doors, door frames, and door hardware; and
• All patios and decks.

As discussed below, owner maintenance obligations change when an element or area is damaged by negligence, or as a consequence of the malfunction of an element the owner is not responsible to maintain.

The allocation of maintenance responsibilities between the individual owners and the association is usually determined by the governing documents, and varies widely from project to project. A step-by-step procedure for determining responsibility is discussed above under the heading “What portions of the property are individual owners obligated to maintain?”

In most condominium projects, the association is obligated to maintain the following elements of the property:

• All exterior elements including siding and roofing (but not windows and doors);
• All foundations and other structural elements;
• All landscaping, exterior lighting, drives, and walks;
• All interior common areas including lobbies, hallways and stairs (except stairs connecting levels within units);
• All portions of the plumbing, electrical, heating and air conditioning systems serving more than one unit or located within the common elements; and
• All fire protection alarms and equipment located within the common elements.

Where exterior areas such as decks, patios or yards are included as part of a condominium unit or assigned as limited common elements, association maintenance obligations vary widely, and no generalizations are possible.

In most planned developments, the association is obligated to maintain the following elements of the property:

• All common area;
• All exterior surfaces of homes, including roofing, siding, trim, decks, balconies, exterior stairs, railings, window frames, and door frames;
• All fences and exterior, nonstructural walls;
• All landscaping on each lot; and
• All fire protection alarms and equipment except smoke detectors within homes.

As discussed below, association maintenance obligations change when an element or area is damaged by negligence, or because of the malfunction of an element that an owner is responsible to maintain.

The governing documents usually include a minimum standard for owner maintenance such as the statement “each owner shall maintain the elements of the property for which he/she is responsible for in a condition which does not impair the value or desirability of other units or lots”. Most governing documents also provide that if an owner fails to satisfy his/her maintenance requirements, the association may do so and assess any related expense against the responsible owner as an assessment. It is advisable (and required by some governing documents) that the association provide a written warning, an opportunity to correct the problem, and the opportunity to request a board hearing, before undertaking a repair for an owner.

Each Owner is responsible for maintenance necessitated by the negligent or intentional action or inaction of his/her guests, employees and contractors, the occupants of his/her unit (including tenants), and the guests, employees, and contractors of these occupants. The association is responsible for maintenance necessitated by the negligent or intentional action or inaction of its employees and contractors.

Maintenance responsibility for elements on the border of lots within a planned development (often called “party walls”) is determined by the governing documents or, where the documents silent on the issue, by general rules of law. In most cases, each of the bordering lot owners is responsible for a percentage of the cost which reflects the extent to which the element serves his/her lot. Any of the bordering lot owners can undertake necessary maintenance, and recover the appropriate share of the costs from the other bordering lot owners.