Asking who is responsible for a proposed condominium repair
Navigate condominium repair responsibilities in Illinois by identifying whether maintenance tasks fall under association or unit owner control.
The short answer
Responsibility is determined by the declaration and the physical location of the damage. Generally, the association maintains common elements, while unit owners are responsible for the interior of their units. Common elements include structural portions, whereas unit boundaries typically start at the finished interior surfaces like paint, wallpaper, and flooring. Always consult the recorded declaration for your building.
Defining Common Elements
Common elements include everything outside your unit boundaries, such as structural walls, roofs, and exterior siding. If a repair involves these areas, the board of managers typically holds the responsibility to perform and fund the work through the association budget.
Worksheet: Does the declaration's 'Common Elements' section define your specific items, such as balconies, as common or limited common elements?
Identifying Unit Boundaries
Unit boundaries are defined by your specific building's declaration. Typically, you are responsible for maintaining your finished surfaces. If a pipe leaks inside your wall, the responsibility depends on whether that pipe serves only your unit or the entire building.
Example: If a leak originates in a wall defined as a common element, the association usually repairs the structure, while you may be responsible for internal finish repair.
The Role of the Declaration
The declaration is the primary legal document governing your association. It specifies who holds the duty to maintain, repair, and replace various building components. If the declaration is silent or ambiguous on a specific item, the board may need to interpret the document based on past precedents.
Worksheet: How does the maintenance section of your declaration compare to the physical nature of the damaged area in creating a preliminary responsibility map?
Procedures for Requesting Repairs
When damage occurs, submit a written request to the board or property management. Include photographs and a description of the issue. Documenting the request ensures that if the association fails to act on a common element repair, you have a clear record of your report.
Worksheet: What tracking log entries are necessary to record the date of your request, the person you spoke with, and any promised timeline for repair or inspection?
Checklist
- Review the 'Maintenance' section of your declaration.
- Identify if the damage is within your finished wall surfaces.
- Verify if the item is a 'limited common element' (e.g., balcony).
- Submit a written request for repair to the board.
- Keep copies of all communication regarding the repair request.
Common questions
What if the association refuses to repair a common element?
If the board fails to maintain a common element, you should request a copy of the board’s reasoning in writing and consult with an attorney experienced in Illinois condominium law.
Am I responsible for damage to my neighbor's unit caused by my unit?
This depends on the source of the damage and your insurance coverage. Review your individual unit owner's insurance policy and the association's master insurance policy for coverage overlap.
Sources
- CFPB — Closing Disclosure explainerChecked October 12, 2026
- Illinois Residential Real Property Disclosure ActChecked October 12, 2026
- Illinois Condominium Property Act — 2025 editionChecked October 12, 2026
- SQFT IO — Listing plans and termsChecked October 12, 2026
This guide is general educational content from SQFT IO, prepared with AI assistance. It is not legal, tax or loan advice. Talk with a licensed attorney, tax professional or lender about your situation. SQFT IO Illinois license 478.027617.