Who Owns the Leak? Condominium Repair Responsibility When the Envelope Fails (Properties Magazine)

When a building envelope fails, whether from natural disaster, construction defect, or wear and tear, the first dispute in a condominium setting may not be, “What failed?” It may be, “Who owns the problem?” Is the association responsible because it is part of the common elements, or is it on the unit owner because it falls within the unit or a limited common element? The answer impacts budgets, schedules, insurance coverage, and lien rights. Originally published in Properties Magazine, April... By: Hahn Loeser & Parks LLP