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 power of attorney allow someone to serve on a condo board in place of an owner?

Q: One of our owners would like her husband to serve on the board, but he is not on the deed.  If she gives him power of attorney, can he serve on the board of our association?

Our condo association has only one board member. Can management of the association get turned over to the state?

Q: Only one of the owners in our building will agree to serve on the board.  What happens if we don’t have enough board members to serve? Does management of the association get turned over to the State?