Who is responsible for what? This is an important question often asked by unit owners and tenants, and the answer is sometimes more complicated than expected.
Generally, the Association is responsible for repairing or replacing common or shared elements and the unit owners are responsible for maintaining their own units. To make answering the question easier, the Bylaws include a Chart of Maintenance Responsibilities. The chart indicates whether the Association or the Unit Owner is responsible for maintenance, repair, or replacement for each component and under what circumstances.
The chart does not cover repair responsibilities when there is a “casualty,” such as fire or water damage.
 | The McLean Gardens Master Insurance Policy
and Casualty Damage
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Generally, each unit owner is responsible for maintaining and repairing his/her own unit at the unit owner’s expense. The owner is also responsible for casualty damage to the unit if there is no claim under the Association’s Master Policy. If there is a claim under the Association’s Master Policy, the deductible is a common expense and is paid by the Association. But if the damage was caused through a resident’s act, neglect, or carelessness, the Association has the right to recover the amount of the deductible from the unit owner. If water damage originates from “plumbing and related systems and components thereof,” the Association is responsible for repairing the damage to common elements, and to the unit(s), but the Association is not responsible for repairing such water damage to a unit if the damage was caused by the negligence of that unit’s occupants. If the damage was caused through someone else’s act, neglect, or carelessness, the Association has the right to recover its costs from that party. When there is no Master Policy insurance claim, the Association is responsible for the cost of repairing water damage to a unit only if the water came from “plumbing and related systems and components thereof.” If the water came from any other source, such as the HVAC system or through the floor, walls, or windows, then the unit owner is responsible for the cost of repairing unit damage.
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The Association’s Master Policy has a $25,000 deductible and covers the basic building, including standard flooring, cabinets, major appliances, etc. However, it does not cover a unit owner’s furniture or other personal property, and it does not cover improvements, such as wallpaper or upgraded flooring or fixtures, installed by the unit owner.
The Association also carries earthquake and flood insurance. These policies each have a $25,000 deductible per incident for McLean Gardens as a whole; that is, for each incident of an earthquake or a flood, the policies will cover total damage above $25,000.
In-Unit Inspections Can Save Owners Aggravation and Serious Expenses
MGCA’s annual free unit inspections program covers a unit’s plumbing, HVAC system, hot water heater, appliances that use water, and smoke detectors. Read more
Why have your unit’s systems inspected annually?
- Owners report great satisfaction with the inspections, calling them ”quick and efficient.”
- Owners became aware of potential problems before they could cost them time and a lot of money. A potential problem can often be taken care of by the In-Unit Maintenance Program before it becomes a real headache or serious expense for unit owners and perhaps even their neighbors.
- Plumbing repairs are a big expense for the Association. Annual inspections will help reduce the Association’s annual operating expenses – and help check increases in condo fees.
Additional Insurance for Unit Owners and Tenants
Because the Association’s Master Insurance Policy does not provide for all of a unit owner’s or tenant’s insurance needs, everyone is strongly advised to purchase personal insurance to protect their interests fully.
Important MGCA Documents about Insurance
