When there is a need for maintenance, repairs, and replacement of items within a condo, the owners need to know who is responsible for what matters. This means knowing what obligations the owner has for the unit based on the agreement signed when purchasing the space.
If damage occurs to a condominium, there could be conflict about who is responsible for fixing the issue. Some repairs may be necessary based on how old the unit is, and timely maintenance is often needed either as preventative or when something stops working. For owners of the unit, members on the board and association managers of condos, the responsibility of keeping these locations in working order may be confusing. This could be based on state law, or it could be governed by the contractual agreement signed when the unit was purchased. The matter may also be different based on if the owner is part of an association or has no affiliation to the group.
For determinations on what person, company or entity is accountable for repairs, replacement of damaged items and timely maintenance, the owner of the unit needs to address what actually caused the damage in the first place. The distinction of liability may hold the person that harmed the location’s property responsible. This means that if the pipes for plumbing in a unit fail through standard use long before they should, someone else may need to repair the issue at cost. If the damage occurred through a natural event that was ensured, the insurance company may be contacted to provide a settlement for repairs. This means clearing up the cause is crucial.
Who is Responsible?
When damages have occurred within a condo, the repairs and replacement of items and fixtures may require an assessment. An individual analysis of the situation may yield results proving that the owner is not the person or party that has caused harm to the unit. This means that someone else or a company may be liable for replacement of damaged materials or repairs. If a guest has been invited into the community, has destroyed property within the unit and has been identified, he or she may be liable for compensating the owner. This could be someone else’s guest, or someone invited through third-party services.
Owners of condos usually are required to have insurance policies for various types of coverage. This means that if there is a natural disaster, an internal issue or something the owner did not cause, the insurance carrier often provides a settlement to repair or replace the damaged materials and resources. If the insurance adjuster deems the issue to be the fault of the owner, the company may fight the policy. This is when a lawyer is necessary. The legal representative may be needed as intimidation, to negotiate with the carrier or to seek litigation for a reasonable and fair settlement.
Maintenance and the Owner
When a condo owner moves into a condominium neighborhood, he or she may become part of an association. This may have various benefits, but one of these could include annual or quarterly maintenance provided by the association. This could be when dues are paid, or it could be a perk of the initial purchase. However, usually, there is a contract signed that explains who is responsible for maintenance fees and what is included. Some of the requirements usually involve a monthly or annual payment to the association for upkeep and wages to maintenance staff. Much of these actions is to prevent problems, but sometimes the workers are maintaining systems that may need to eventually be replaced.
The owner may have more responsibility for repairing and replacing various items within the unit. However, with insurance, association dues, and other fees, he or she may only be accountable for what he or she directly damages in the end. Most of the specifics are detailed in numerous contracts the owner signs when purchasing the unit or moving into the building. If he or she has any questions about this, the association may have the full details in writing within agreements signed and stored in the association archives.
Condominium Legal Assistance
When repairs, replacement of parts or maintenance is not adequate or completed correctly, the owner may have legal recourse. Typically, this is sought as a remedy to the situation, but some matters may require compensation when the owner has paid for items himself or herself. If the issue causes further harm, litigation may be the outcome with a good lawyer behind him or her.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. To get in contact with our team, click here