Who Is Responsible for Shared Condo Driveway?

J.F. from New Haven County writes:

Dear Mister Condo,

I share a driveway with another unit. The driveway needs resurfacing. The association says my neighbor and I are responsible for the cost of this repair. I have been told that CT condo law requires the association to pay for driveway repairs. Is this true? Thanks.

Mister Condo replies:

J.F., I am not aware of any law that requires the association to pay for driveway repairs. However, the condominium association is responsible for maintenance and upkeep of the common elements, of which, the driveway is usually one. Generally speaking, the unit owner is responsible for what happens inside their unit and the association is responsible for what happens outside of the unit. It is possible that your association documents dictate the expense of the driveway to the two unit owners who share the limited common element but this is not terribly common. A quick review of your condo docs should provide clarity. If not, you should seek guidance from a qualified attorney who could offer you a legal opinion on the matter, which I cannot. Good luck!