What’s common and private responsibility at a condo?

There’s no need for confusion in condominium living over who is responsible for utility lines and mechanical systems. When there’s a lack of clarity over whether a pipe or a chimney is common responsibility or that of an owner, we should default to it being common property. In other words, the condo corporation should maintain it and repair it.

Problems arise, of course, when everyone is trying to avoid the cost – but expenses in housing are unavoidable. Let’s look at how confusion can arise when trying to discern who is responsible for the cost, and how easily it’s resolved.

When a condominium apartment or a townhouse tap leaks, it’s obviously the owner’s personal property, and their job to have it repaired. Likewise, when an “elbow” drainpipe under a sink leaks, it’s our job as individual owners to repair or replace it. Confusion arises when that pipe serving only one suite is leaking at or just inside the wall, as this is now considered common property. Some people are troubled when they can’t even confirm where a leak started, as a pipe runs between common property and an individual suite.

A common example in townhouse condos is a fireplace, which obviously serves just one home, but the chimney from it rises through a common property attic to vent above the common property roof. Yes, a malfunctioning gas fireplace is the suite owner’s job to repair, but what about that chimney, both for repair and for maintenance? A long and late night debate could be held over where the responsibility changes hands.

Townhouse condo boards often try to hold down monthly “fees” by making each owner responsible for their own chimney maintenance, but remember that the building’s attic, the roof framing and that exterior chimney are all outside the owner’s unit, and thus are common property. That so-called bare land condo is different legally, but not operationally. The entire house is owned by the homeowner, but exterior maintenance is still deferred to the corporation of all the owners.

Here’s a way to sort through this issue: individual owners are responsible “paint-to-paint”, or within their four walls. Boards are best guided by imagining an incident causing property damage, and an insurance claim dispute ending up in front of a judge. If you couldn’t sort out responsibility before the fact, the judge certainly won’t be able to after it, and the evidence might be charred. They will likely shrug and say that unless there’s specific evidence of a single owner’s responsibility, the corporation should have ensured that the property was maintained, and risk was reduced.

In condominium townhouses, these debates are usually over chimneys. In condo apartment buildings, even the most luxurious ones, these debates revolve around water pipes. Sometimes, only your plumber knows for sure. Often times, even they can’t sort it out, but they just fix it and issue the bill.

We don’t need a perfect solution, so don’t split hairs – we just need to repair problems and maintain services to our homes. Don’t feel taken advantage off when your neighbour’s leak is fixed at your apparent expense. Next year, you’ll enjoy a repair at theirs. Don’t object that your condo fee will be five bucks more per month, as over the long term, your personal expense will be reduced by a similar amount.
Here’s my condo motto for these issues: When in doubt, it’s common property.