Client Alert: The Myth of "Unit-to-Unit" Issues in Condominiums
Date: September 4, 2025
By:
Jessica Manning
Who Performs the Repair?
When damage to a condominium unit occurs, the first question to ask is whether the damage was caused by a casualty. A “casualty” refers to an unexpected incident such as a sudden pipe rupture, fire, or appliance failure. When an incident constitutes a casualty, most condominium instruments require the association to arrange and supervise repairs to both damaged common elements and the units impacted. The reason is practical as casualty events threaten the structural integrity, habitability, and insurance profile of the entire association. Left to individual owners, who may disagree over scope, timing or cost, critical repairs could be stalled and damages compounded. The bylaws, therefore, often require the board to orchestrate the repair of damages caused by a casualty, even when the damage is limited to a single unit’s drywall and flooring.
In comparison, long-term leaks and gradual deterioration caused by ordinary wear and tear are classified as maintenance issues, which unit owners are generally obligated to repair. Nonetheless, the association cannot simply fold its arms and watch from the sidelines. If the affected owner drags their feet or disputes responsibility, the board may still have to arrange the repair to protect the common elements or to preserve the uniform appearance of the building. Moreover, even damage that seems confined to one unit can affect common elements, such as framing, insulation, or shared plumbing. Once common elements are involved, the association’s responsibility is unavoidable. In other words, even when an incident is not a casualty, it can quickly become more than a unit-to-unit matter if the condominium as a whole is implicated.
Who Ultimately Pays?
Most condominiums maintain a master property insurance policy that covers common elements and, depending on the condominium instruments, certain components of the units. When a casualty or other insured incident occurs, the board should consider whether to trigger its master insurance policy and file a claim or, alternatively, pay for the repair costs from the common expenses. For any costs not reimbursed by insurance, the board will have to determine how to allocate those costs. This analysis of financial responsibility is fact-intensive and must be conducted on a case-by-case basis.
Under most condominium instruments, the association is not responsible for repair costs not covered by insurance unless the association itself caused the damage. Thus, unit owners will generally be financially responsible for repairs to their own units. The association will be liable for damage it caused to a unit, often with the exception of any improvements to the unit. If the insurance proceeds or the association’s funds are insufficient to defray the cost of repair, most condominium instruments authorize the association to impose a special assessment against all owners.
In certain circumstances, individual unit owners may also be financially responsible for damage to the common elements or to other units. Typical provisions in condominium instruments include authority to specially assess individual unit owners for the repairs when the expense was necessitated by the act, neglect or carelessness of a unit owner or their residents, tenants, guests, or employees, or their failure to maintain. It is important to note, however, that it could be difficult to prove that damage to other units or the common elements resulted from a unit owner’s neglect, carelessness, or failure to maintain. It is best to carefully review the Association’s condominium instruments and consult with the Association’s legal counsel prior to charging unit owners directly for any repairs needed to common elements and/or other units.
Considerations
In a condominium, physical walls do not create legal boundaries. Because damage rarely remains isolated, and in light of the repair obligations often imposed, the association will almost always become involved in condominium repairs, whether made to the common elements or individual units. Accordingly, boards should have clear protocols for prompt action when issues arise. This should include promptly obtaining reliable estimates, coordinating repairs and communicating with all affected parties, particularly so that unit owners may promptly notify their insurer.
The allocation of financial responsibility will turn largely on the specific language of the association’s condominium instruments. While most instruments impute liability on unit owners in limited circumstances, proving negligence or failure to maintain can be difficult. To mitigate uncertainty, some associations require owners to independently maintain sufficient insurance, which can prove helpful in addressing and redirecting owner concerns. Others consider amending their instruments to hold owners strictly liable, regardless of fault, for any damage originating in their units. These provisions can reduce disputes and clarify responsibility, making it easier to resolve incidents quickly and fairly.
Ultimately, the condominium form of ownership ensures that few, if any, property losses remain private. Whether the initiating event is a sudden casualty or a lingering maintenance failure, the association’s duty to protect common elements, preserve structural integrity, and administer insurance proceeds will consistently draw it into the process. Recognizing and planning for this unavoidable involvement will facilitate the swift and fair resolution of incidents with minimal disruption to the condominium.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.