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 my condo association charge me for an explanation of an amendment?

Q. Our board recently adopted an amendment to our Declaration limiting the percentage of leased units. The amendment will be presented to the owners for a vote at the end of the year.

Does my condo association have to send an invoice for assessments?

Q. I just got a notice from my condo association's attorney saying that I didn't pay my HOA payments. I purchased the condo one year ago. My contact person for the management group said that they would send out a invoice for my monthly HOA fees.

Is the association responsible for repairs to condo units under possession?

Q. I am President of the association for a six unit condo building with one assessment delinquent owner that now owes us over $10,000. The owner rents out the unit. We hired an attorney and got an order of possession ordering that the renters will now pay us the rent starting July 1, 2017 until the unit is no longer in arrears.

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