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Would the association be on the hook for flood damage to a basement apartment?

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Category: Ask The Expert Q&A
Created on Sunday, 02 October 2011 Written by Lauren Peddinghaus

Q. We are a seven unit building with a basement unit.  The unit should probably have never been built by the developer, but it was. We're very good at maintaining the sewer line, so we've not had any serious issues with flooding.  The unit owner, however, says that if there is basement flooding that ends up damaging her apartment, then the association is responsible. 

Is that the case?

The apartment also has its own expeller pump and sump pump that comes out of their apartment into the communal basement area.  Is the maintenance and repair of this their responsibility or that of the association?

A. Responsibility for damage will depend on which parts of the units are damaged, and what your Declaration describes as common elements, limited common elements and parts of a unit.  Typically, the association must maintain

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