A homeowner, upon pulling up carpet in his upper unit, discovered serious cracks in the concrete sound/fire barrier floor which must be replaced prior to installing new carpet. Is this considered a st

The answers to allocating maintenance responsibility are always document specific. The fact that the area with problems is a structural element does not necessarily mean that it is the maintenance responsibility of the association. However, in most condominiums, the units are defined as the air space with the boundaries including the unfinished surfaces of the floors, walls and ceilings. In condominiums the association generally maintains the common elements and the owners maintain the units and perhaps portions of the limited common elements. Assuming a condominium with these definitions and allocations, the concrete sub-floor would be a common element, thus the maintenance responsibility of the association.

Community Essentials - March 2004