Unclear maintenance responsibilities are a common source of frustration in condominium communities. When residents do not know whether the corporation or unit owner is responsible for a repair, even minor issues can escalate into disputes, delays, and unexpected costs.

The challenge is that responsibilities are rarely as simple as inside versus outside the unit. Condominium governance is more nuanced, and determining who must maintain, repair, or replace a component often requires reviewing the corporation’s governing documents.

For condominium managers, helping owners understand these responsibilities reduces conflict, improves efficiency, and protects the community’s long-term value.

Understanding the Division of Responsibilities

In most condominium corporations, the corporation maintains and repairs common elements and shared systems, such as hallways, lobbies, elevators, roofs, parking garages, and other resident-used spaces.

Unit owners are generally responsible for components that serve only their unit, including fixtures, appliances, plumbing fixtures, and other in-suite elements.

However, there is no universal rule. Each corporation’s declaration, by-laws, and governing documents define its specific maintenance obligations, so an owner’s responsibility in one condominium may be a corporate responsibility in another.

This can confuse owners who move between communities and assume the rules are the same, when responsibilities can vary significantly by building.

Why Governing Documents Matter

When maintenance questions arise, the answer is almost always found in the corporation’s governing documents.

The declaration establishes the boundaries of the units and common elements and outlines maintenance obligations. In many communities, additional documents such as a Standard Unit Definition or Standard Unit By-law provide further clarification regarding what portions of a unit the corporation is responsible for repairing following an insurable loss.

For example, one corporation’s Standard Unit Definition may include original kitchen cabinetry and countertops, while another may not. Following a water loss, this distinction can significantly impact which repairs fall to the corporation and which remain the responsibility of the owner. Without a thorough understanding of these documents, both owners and managers may struggle to determine accountability when issues arise.

For condominium managers, becoming intimately familiar with a corporation’s governing documents is essential. They serve as the primary reference point for nearly every maintenance-related decision.

Navigating the Gray Areas

Some building components often create confusion because they fall between unit and common element responsibilities.

Windows are a common example. A declaration may assign the exterior portion to the corporation and the interior to the owner, but determining responsibility after damage can be more complex.

Balconies also raise frequent questions. Although residents may have exclusive use, balconies are often exclusive-use common elements, so maintenance obligations may differ from owner expectations.

Mechanical systems such as HVAC equipment can create similar confusion. A corporation may arrange servicing on owners’ behalf, but that does not necessarily mean it is responsible for maintenance or replacement. The governing documents remain the final authority.

These gray areas reinforce the need to consult governing documents before making assumptions.

The Cost of Misunderstanding Responsibilities

A lack of clarity can become especially problematic when a loss occurs.

Water damage remains one of the most common sources of disputes in condominium communities. When owners are unfamiliar with their maintenance obligations, they may be surprised to learn they are responsible for repairs within their unit, particularly when negligence is involved.

Failure to properly maintain owner-responsible equipment can lead to significant financial consequences. Depending on the corporation’s governing documents and insurance provisions, owners may also face responsibility for deductibles associated with certain losses originating from their unit.

This is one reason condominium insurance remains so important. Owners who fail to maintain adequate insurance coverage may expose themselves to substantial financial risk following a major incident.

Understanding maintenance obligations before a problem occurs is far preferable to learning about them during an emergency.

The Manager’s Role in Creating Clarity

Condominium managers play a critical role in helping residents understand their responsibilities.

While it may be tempting to create broad maintenance responsibility checklists, this approach can present challenges. Because every condominium corporation is governed by its own unique documents, generalized lists can inadvertently omit important details or create misunderstandings. Instead, proactive communication often proves more effective.

When managers identify recurring maintenance trends, they have an opportunity to educate residents before those issues become widespread problems. Seasonal reminders about HVAC maintenance, plumbing inspections, winterization requirements, or other common concerns can help residents stay informed and reduce the likelihood of preventable incidents.

Communication should also direct owners back to the governing documents whenever appropriate. Encouraging residents to familiarize themselves with these resources reinforces the importance of understanding their obligations while reducing reliance on assumptions.

Leveraging Technology to Improve Communication

Technology can also help streamline maintenance communication and improve transparency. Resident portals and digital communication platforms provide convenient access to governing documents, community notices, and maintenance updates. They also allow residents to submit service requests and maintenance inquiries more efficiently.

When communication is delivered consistently through these channels, residents know where to find information and can easily reference previous notices when questions arise. Over time, this creates greater awareness of maintenance requirements and reduces confusion around accountability.

Clarity Starts with Education

Maintenance disputes are rarely caused by bad intentions. More often, they stem from misunderstandings about responsibilities that were outlined from the beginning but never fully reviewed.

For owners, taking the time to understand the corporation’s declaration, by-laws, and Standard Unit Definition can prevent significant frustration later. Ideally, this process should begin before purchasing a unit by carefully reviewing the corporation’s status certificate and accompanying documentation.

For managers, clarity begins with a deep understanding of the governing documents and a commitment to proactive communication.

When everyone understands their responsibilities, maintenance issues can be resolved more efficiently, disputes can be minimized, and the community is better positioned to protect both its physical assets and its long-term value.

Daniel Perez-Arteaga, OLCM, RCM, is Vice President, Operations at FirstService Residential, where he leads regional teams and supports on-site staff in delivering exceptional service, driving operational excellence, and enhancing the resident experience across condominium communities.
www.fsresidential.com
 

---

View PDF View Flipbook Back to Latest Issue