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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"Ask the Expert"

Can a rent to own condo tenant serve as a board member?

Q. An owner in our building has a tenant who has a contract to purchase the unit on a "rent to own" basis. Since the tenant is not yet legally an owner, can she be responsible for voting on the board members or even serving on the board herself?

Can the board fine me for not having unit insurance?

Q. My condo association board enacted Rules & Regulations that state that all owners must have their own insurance and that we are to provide a copy of our insurance policy every year or we would be in violation of the rules.