Condo and co-op ownership: A guide to unit vs building responsibilities

As an owner or board member in a condo or co-op, understanding the boundaries of ownership between unit owners and the building is crucial. This understanding helps maintain clear expectations and harmony between neighbors. Let's break it down in simple terms.‍

The Golden rule: Check your governing documents‍

Before we dive into specifics, it's important to note: your building's governing documents are the ultimate authority on responsibilities. They include:

1. Bylaws
2. Offering plan (for co-ops)
3. Proprietary lease (for co-ops)
4. Declaration (for condos)
5. House regulations

These documents spell out exactly what falls under whose responsibility. It's crucial to familiarize yourself with them, they’re your roadmap for decision-making and conflict resolution.‍

Key terms to know

1. "Walls in": This typically refers to the unit owner's responsibility for everything within the interior walls of their unit.
2. Branch plumbing: These are the pipes that branch off from the main building pipes to serve individual units. Often, but not always, these are the unit owner's responsibility.
3. Common elements: These are areas and systems shared by all residents, usually maintained by the building. Examples include lobbies, elevators, and main electrical systems.
4. Limited common elements: These are common elements designated for use by one or more specific units, but not all. Examples might include rooftops, balconies or parking spaces. Responsibility for these can vary, so check your governing documents.‍

What do you actually own?‍

When you buy a unit in a condo or co-op, you typically own the inside of your unit, often described as "walls in." This means that if your toilet breaks down, it's your responsibility to fix it. But things get trickier when we talk about windows, walls, or mysterious leaks.‍

Unit owner responsibilities

Generally, unit owners and shareholders are responsible for:

• Interior maintenance and repairs (e.g., painting, flooring)
• Appliances within the unit
• Plumbing fixtures (sinks, toilets, showers)
• Interior electrical systems
• Often, but not always, branch plumbing

Building responsibilities

The condo or co-op building typically takes care of:

• Exterior walls and roof
• Common areas (lobbies, hallways, elevators)
• Centralized building systems (main electrical, plumbing risers, building security)
• Structural elements

Tips for owners and board members

1. Know your documents inside and out.
2. Communicate clearly about responsibilities.
3. When in doubt, consult with your building's attorney.
4. Be consistent in how you apply the regulations.
5. Regularly review and work with your building’s attorney to update governing documents if needed to address new issues or clarify ambiguities.

Understanding the division of responsibilities between unit owners or shareholders and the building is key to smooth operations and happy residents. By knowing your governing documents, understanding key terms, and communicating clearly, you can avoid many common pitfalls and create a more harmonious living environment. Every building is unique, so what applies in one might not apply in another. When in doubt, always refer back to your specific governing documents and don't hesitate to seek help from your building’s lawyer or your property management company.