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"

What can a condo board do about personal items in common areas?

Q. We have an absent owner who no longer lives in the building but has rented out his unit.  We have been after him for several months to get his stuff cleaned up from the storage area that is common space and put into his assigned area of 4' x 6'. He has ignored all requests.

Can a spouse vote for an absent condo board member?

Q. We have an ongoing dispute in our condominium association. Can a board member's spouse (who is on the deed) vote for that absent board member?