Associations and Unit Owners frequently disagree over who is responsible to pay for repairs to certain items. Sometimes it is easy to figure out. The Association needs to pay for repairs to the community swimming pool, and the Unit Owner needs to fix the stove. Whenever the item to be repaired gets close to the boundary of the Unit, however, the answer to this question becomes more difficult. I came across an interesting case, Winchester Condominium Association v. Auria, where the question was who is responsible to pay for re-wiring a wall outlet: the Unit Owner or the Association?
In this case, the Association required all of the Unit Owners to replace aluminum wiring in the outlets of their Units. The Unit Owners were informed that the replacement was required for safety reasons and for the Association to maintain property insurance. [Note: I have done this a few times for dryer vents, pans under hot water heaters and fireplace insulation.] Every Unit Owner made arrangements to have the wiring in their outlets replaced. Every Unit Owner, that is, except for one.
Continue Reading Wiring: Where Does the Common Element End and the Unit Begin?