A construction defect can become difficult for a condominium association when it affects shared property and an individual unit. The issue goes beyond deciding who needs a repair. You may also need to know whether the board should handle the problem, whether a unit owner has separate duties or whether another party may have caused the damage.
Here are the main points to know.
Common elements and association responsibility
The board usually handles defects in the condominium’s common elements. These shared parts can include:
- Roofs
- Exterior walls
- Structural parts
- Shared plumbing, electrical or other building systems
The board may arrange an inspection, approve repairs and look into what caused the defect. The cause may involve faulty design, poor materials or bad workmanship.
If a developer, contractor or subcontractor performed the work, the board may also need to review the association’s claims against them.
Individual units and owner responsibility
Unit owners usually handle defects and repairs that affect parts of their own units. Depending on the condominium’s rules, those parts can include:
- Interior walls
- Flooring
- Cabinets
- Fixtures
- Other interior finishes
Your governing documents can set the unit’s boundaries and list the repairs you must handle. If you own a unit, check those rules before assuming the board must arrange a repair.
Defects that affect both areas
If a defect affects both shared property and a unit, the board and a unit owner may each have work to handle. For example, a faulty exterior wall may let water into a unit. The board may handle the wall while the owner handles damage inside the unit.
Your declaration and other governing documents can set different duties for these areas. Missouri law generally places repair and maintenance of common elements with the association. It also places those duties for individual units with the owners, subject to the declaration and other exceptions.
Review the governing documents before acting
When a defect affects both association and individual property, reviewing the governing documents with an attorney can help the board decide how to proceed. An attorney can help clarify each party’s duties and assess whether the board should pursue the developer, contractor or another responsible party.
