Maintenance & Repair Responsibility

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  • Who is responsible for repairs in a condominium?

    There is no universal answer.


    The Illinois Condominium Property Act provides the legal framework, but the association's declaration is often critical in allocating maintenance, repair and replacement responsibility among the association and unit owners.


    The first question should therefore be: What does the declaration say?

  • Who is responsible for a leaking pipe?

    It depends.


    Where the pipe is located, what property it serves, how the declaration defines the unit and common elements, and what caused the leak can all matter.


    A pipe physically located inside a unit is not automatically the owner's responsibility

  • Who pays for water damage from one unit to another?

    Again, it depends.


    Responsibility for repairing the source of a leak is not necessarily identical to responsibility for repairing every item damaged by that leak.


    Insurance obligations, declaration provisions, negligence and the nature of the damaged property may all affect the answer.


    Water-loss disputes should be analyzed carefully before the Board promises that either the association or an owner will pay.

  • Who is responsible for windows?

    Window responsibility varies significantly among condominium declarations.


    Never assume.


    Some documents assign certain window components to the association, some to owners, and others divide responsibility among components or types of work.

  • Who is responsible for balconies?

    Balconies may involve common elements, limited common elements or other classifications depending upon the declaration.


    Classification and maintenance responsibility are related but not always identical questions.

  • Who is responsible for roofs in a townhome association?

    The declaration controls much of the analysis.


    Two townhome communities that look nearly identical from the street can allocate roof responsibility completely differently.

  • Can the association enter a unit to perform repairs?

    Associations can have rights of access under applicable law and governing documents for legitimate association purposes.


    Boards should follow proper procedures and avoid treating access rights as unlimited.


    Emergency conditions may require a different response from routine maintenance.

  • What happens if an owner refuses access?

    The Board should document the requests and consult counsel rather than allowing an important maintenance problem to deteriorate indefinitely.


    When association property or neighboring units are at risk, prompt action may be necessary.