Who's Responsible? Real-Life Scenarios That Confuse Even the Best Condo Boards

One of the biggest pain points for condominium boards is figuring out who’s responsible for repairs — the association or the unit owner? It seems simple at first, but once real-life situations like a leaking pipe or a cracked balcony come up, the lines blur quickly. Even experienced board members can find themselves second-guessing, and unclear responsibilities can lead to disputes, delays, and unhappy residents.

In this blog, we’ll walk through real-life maintenance scenarios, break down where responsibilities typically lie, and offer practical advice for resolving confusion — all while keeping your community running smoothly.

Understanding the Basics: Who Maintains What?

Before diving into examples, let’s clarify the basics. Generally, the condo association maintains common elements like hallways, exterior walls, landscaping, and elevators. Unit owners, on the other hand, are responsible for what’s inside their unit — cabinets, flooring, appliances, and interior fixtures. That sounds straightforward, right? But in real-world situations, it’s not always so black and white.

Many responsibilities can change based on the community’s governing documents. Similarly, confusion arises when owners assume associations handle everything outside the unit — not always the case.

Scenario 1: The Leaky Ceiling

A homeowner notices a water stain forming on their ceiling. Is it their issue? Or did a pipe burst in the unit above? Maybe it’s a roof leak? Here’s where it gets tricky. If the leak is from a common element, like the roof or shared plumbing, then the association is usually responsible for the repair. But if the water is coming from the upstairs unit’s dishwasher, then the upstairs owner could be held liable.

Cobb & Gonzalez explains that these situations require professional inspections and documentation. Associations should act fast to identify the cause — and boards should follow their documents carefully to determine liability.

Scenario 2: Balcony Breakdown

A resident reports cracked concrete and rusted railings on their balcony. They assume the association will fix it — but the governing documents say balconies are limited common elements. What does that mean?

Limited common elements as areas designated for one unit’s exclusive use (like balconies or windows), but the maintenance responsibility may vary by association. Some documents place that responsibility squarely on the unit owner.

Scenario 3: Foggy Windows and Drafts

An owner wants their windows replaced due to seal failure and drafts. The windows are old, and the issue clearly affects the home’s efficiency. But are they part of the unit or a common element? There’s no universal answer — you have to look at the governing documents.

Owners often maintain things like windows and doors, while associations handle structural or exterior items. The important takeaway: Be consistent. If the board replaced one owner’s windows last year, denying the next one could create tension and possible legal issues.

Scenario 4: Backed-Up Sewer Line

A main sewer line clogs and backs up into three different units. One owner believes the blockage started in another unit, but the other says the system is old and needs to be replaced. Common pipes — especially those shared by multiple units — are almost always the association’s responsibility. But if it’s caused by owner negligence (think: flushing baby wipes), the cost could shift.

Quick action is key. The association should bring in a plumber and document everything. Proactive sewer maintenance should prevent expensive emergencies like this one.

Scenario 5: Broken HVAC

An owner’s air conditioning fails in the middle of a Florida summer. The condenser is outside, mounted on the roof. The unit cools only their space. Who pays? If the HVAC system only serves one unit, it’s usually the owner’s responsibility.

However, if any portion of the system is considered a shared mechanical component — like rooftop compressors — responsibility could shift to the association.

Best practice? Review your governing documents and consult your management company or attorney.

Pro Tips for Boards (and Owners)

Too often, boards and residents wait until an emergency hits before asking, "Whose job is this?" That’s when tempers flare, and associations risk legal exposure.

Review your governing documents thoroughly. You can't enforce what you don’t understand. Create an easy-to-read responsibility chart. There are tools that can help homeowners know exactly what’s theirs to handle. And be consistent. Clark Simson Miller notes that inconsistent decisions are one of the top reasons associations get into trouble.

For boards considering professional guidance, Association Reserves also provides reserve study tools to plan for shared maintenance costs ahead of time.

10 Common FAQs

1. Can the association enter my unit for repairs? Yes, most governing documents allow entry for emergency repairs or maintenance of common elements, typically with prior notice.

2. What’s a limited common element? Spaces like patios, balconies, and assigned parking that only one unit uses but may still be maintained by the association.

3. Who handles pest control? Usually the unit owner, unless pests are coming from a common element like a roof or shared crawlspace.

4. Is mold damage covered by the association? Only if the cause originates from a common element (like a roof leak). If it’s due to owner negligence, they’re responsible.

5. What if two units disagree on responsibility? Refer to your governing documents first. If it’s still unclear, consult a qualified attorney.

6. Does my condo insurance cover damages from a neighbor’s leak? It might. Review your personal and master insurance policies, and notify your insurer first.

7. Are electrical panels my responsibility? Usually, yes — anything inside the unit is generally the owner’s responsibility. Check your docs.

8. How are windows usually handled? Some associations treat them as common elements; others place responsibility on the unit owner. It varies.

9. Can the board charge back costs for repairs? Yes, if the owner was responsible and failed to act, the association may front the repair and bill the owner later.

10. How often should we review responsibilities? Annually, or after any major property or legal changes.

Final Thoughts (and 3 Helpful Next Steps)

Clear maintenance policies reduce confusion, prevent conflict, and protect everyone involved. When in doubt, return to your governing documents, consult your manager or legal team, and document everything.

If your board is still navigating murky maintenance rules, you don’t have to figure it out alone.

Get expert help and peace of mind — schedule a free consultation with our condo specialists today: