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"

Who can be a condo board member?

Q: We are having a hard time finding owner volunteers to serve on the board. Can someone who is not a member of the association be contracted to serve as a condo board member?

Can condo owners vote to remove a tree they believe is causing flooding in their unit?

Q. There is a tree on the side of our condo building that may need to be removed. Owners believe the tree is causing the drain outside of the building to clog, potentially the cause of flooding in the ground units.