Who is responsible for damages to condo units in NC? (Raleigh: real estate, condominium)

[hmrd]

I live in a Raleigh condominium that was incorporated before the NC Condominium Act became effective (Oct 1, 1986) and my Association’s Declaration makes the Association responsible for repairing damages to a unit caused by a lack of maintenance in the common area (e.g., a deteriorated roof leaks and damages a unit ceiling).

The NC Condominium Act has a provision (which does not retroactively apply to my Association) that “Each unit owner is responsible for maintenance, repair and replacement of his unit.” It's my understanding this means a unit owner is responsible for ALL damages to his or her unit, including those caused by a lack of maintenance in the common area. Is this right?

If you live in a condo that was incorporated after Oct 1, 1986 and is governed by this provision (your condominium documents may repeat it - do they?), what does it mean for you and other condo owners in your condominium? For example, if a unit is damaged by a roof leak caused by inadequate maintenance, is the condo owner or the Association responsible for the repairs? If a neighbor’s water heater leaks and damages your floors, who is responsible?

You don't have to live in a condo to respond - any info that helps me better understand the meaning and effects of the 1986 provision will be appreciated.

[adamwmcknight]

I know it sounds like a non-answer but I would start by asking a real estate attorney. It still may come down to interpretation of the legal documents but that would be my first call.

[hmrd]

Thanks, adamwmcknight. I agree it's a question for an attorney, but I'd also like to hear from people who live in a condominium incorporated after Oct 1, 1986. What are they and their fellow unit owners experiencing? If a roof leak damages a unit, who pays for the unit repairs, the Association of the unit owner?

I realize that many condos in the Triangle are so new that they are not likely to have leaking roofs or water heaters, but the law is getting old enough that some might be showing up.

[Sherifftruman]

My understanding is for a condominium, when it talks about a unit, it is the inside of walls in. As you said, the roof is a common area and usually the siding, brick, whatever makes up the outer walls also.

Not being an attorney, it seems that generally, if someone causes damage to your property, they are responsible for making you whole and so the association should fix your damages from their roof leaking. Again, as a layman, I don't see anything in that sentence that says you have to accept damage from the association. But there may be something elsewhere that does.