A reader asks: 'We had a common element pipe burst causing significant damage inside a residential unit. What is the association's responsibility for repairing and replacing the pipe versus the unit owner’s responsibility?'
For a casualty loss due to a burst water pipe, a condo association is responsible for repairing and replacing up to the bare walls, floors and ceilings of the unit, which means the drywall plus a primer coat of paint.
A: Pursuant to section 12 of the Condominium Act, condominium associations are required to purchase property insurance as well as general liability insurance. For a casualty loss due to a burst water pipe, the association is responsible for repairing and replacing up to the bare walls, floors and ceilings of the unit, which means the drywall plus a primer coat of paint.
Therefore, a condominium board only meeting four times per year should have procedures in place to properly handle business that arises in between board meetings that is consistent with the law, or the board members could be unintentionally breaching their fiduciary duties by not complying with applicable law.
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