Board Condominium Damage

Leaking Condo Foundation Responsibility

S.B. from outside of Connecticut writes:

Dear Mister Condo,

Who is responsible for a leaking foundation?

Mister Condo replies:

S.B., unless your documents specify who owns the foundation, that could be a point of contention between the unit owner and the association. Typically, the foundation is owned by the association, but not always, so check your documents and see if it is listed as an association asset. The next question is going to be what caused the leak and how should it be remedied. Sump pumps are common solutions and then, of course, comes the question of who install, owns, maintains, and pays for the cost of operating the sump pump. Get ready for some pushback from the Board as they generally do not like to obligate the association to a new expense but if it is the problem is their responsibility, so is the solution. Good luck!

1 thought on “Leaking Condo Foundation Responsibility”

  1. In our by laws, Article 5 and 6 it explains and lists limited common elements. These are free standing single unit condos. Each has a poured concrete slab and poured concrete walls which form the perimeter of each unit. Article 5 and 6 describe basement and storage area as a LIMITED COMMON ELEMENT, and further states that the specific item ( basement) along with the attached garage are the responsibility of the unit owner for maintenance, replacement and repair. The board has determined that leaks or leak remedies from basement walls and slab such as sump pumps, interior drains etc installed by a water abatement contractor be the at the expense of that unit owner.

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