the unit.įor example, if the declaration defines “common elements” as everything in the property “other than a unit”, which is a fairly typical definition, then where does the unit start and the common elements begin? If unit boundaries are the perimeter walls, floors and ceilings, does the wall start at the paint, drywall or studs? Does the floor start at the carpet or subflooring? Where would a fireplace fall within the unit boundaries? What about a pipe that exclusively serves a unit, but part of the pipe is on the inside of the unit, and the rest of the pipe is on the outside of the unit?Įven if the declaration clearly identifies the boundaries of a unit, sometime maintenance and repair obligations are not tied to whether the component is part of the unit or the common elements. Be careful not to make any assumptions of what is included in the common elements vs. In condominium communities, most often the declaration provides that the association is responsible for maintaining and repairing the common elements, and the Owner is responsible for maintaining the unit. Maintenance and repair responsibilities are laid out in the declaration (i.e., CC&Rs or covenants), so that’s where you want to look first. Once you have compiled the list of damaged components, the next you thing you want to do is figure out whether the association or the owner is responsible for maintaining and repairing each of the damaged components. Who is responsible for maintaining and repairing the damaged components? DO NOT get stuck on this question as it is not relevant until question no. The source of the water could be irrelevant to determining who is responsible for repairing the damage. But for the purposes of determining who is responsible for water damage, the answer is no. I know you’re probably thinking: “But don’t you want to first figure out where the water came from?” Well, yes, you want to know where the water came from, as you want to ensure the component that failed is sufficiently repaired. Carpet? Drywall? Furniture? Subflooring? It is important to know the extent of the water damage for a number of reasons, including determining and prioritizing scope of repairs, mitigating further damage, and evaluating whether to file an insurance claim.
The first thing you want to do is figure out what was damaged by the water. Does negligence or insurance serve to shift the cost of repair to another party?.Who is responsible for maintaining and repairing the damaged component(s)?.When you analyze a water intrusion question, you need to answer three basic questions:
This article will hopefully make the infamous water leak analysis easier to understand. But I have to give that answer until I know more. When our office is asked this question, our response is usually “It depends.” I know you hate hearing that answer, and I hate giving it. Who is responsible for damage to the roof, condo unit #1, condo unit #2, and all the common elements in between? One of the most difficult questions posed to a condominium association board is: Who is responsible for damage caused by a water leak? For example: water comes through the roof, intrudes into and damages upper condo unit #1, passes through and damages the common element walls and floors along the way, then ends up in, and damages, lower condo unit #2.
0 kommentar(er)
