Maintenance and Repair Checklist

It is not at all uncommon in townhome and condominium communities to have questions arise about who is responsible for maintaining or repairing various components within the community, especially when one component, such as a leaking pipe, damages other parts of the community.  In deciphering this kind of situation, the following checklist will help to guide you through the analysis:

Maintenance and Repair Analysis
Review the governing documents to determine:

• Who is responsible for the maintenance and repair of the component that caused the damage?
  •  Whoever is responsible for maintenance and repair of the component that caused the damage should immediately perform repairs to that component.
  • If in doubt, the association will generally make repairs to mitigate damage to common property and other units (e.g., fix the broken pipe).  If it is subsequently determined that the owner is responsible for the repair, the association may seek reimbursement.
• Who is responsible for the property damaged?
  • Whoever is responsible for maintenance and repair of the damaged property should immediately take action to mitigate further damage (e.g., remove water, dry property).
  •  If in doubt, the association should mitigate further damage to property and seek reimbursement, if appropriate.

Insurance Analysis
Review the governing documents to determine:

• Who is responsible for the maintaining insurance on the damaged property?
  • Both association and owner(s) involved should report occurrence to their respective insurance carries as soon as practicable after the occurrence, keeping in mind that the Association’s policy will always be primary.
• Review the governing documents for allocation of deductibles.  If deductibles are not addressed, consider adopting a policy to address allocation of deductibles.

Liability Analysis

• If damage is caused by someone’s negligent action or inaction, even if that person is not responsible for maintaining or insuring the damaged property, the negligent person may be liable for the damage to another person’s property, including property owned by the association.