Condo maintenance and repairs: What are you responsible for?

What is condo maintenance?

Condo maintenance in Illinois refers to the ongoing care, repairs, and upkeep needed to keep both individual units and shared spaces in good condition. Maintenance responsibilities are divided between the condo association and individual owners, with shared expectations defined in the condo’s declaration and bylaws.

The Illinois Condominium Property Act provides the legal framework, but every community’s governing documents may assign certain responsibilities differently. Generally, condo associations take care of the building’s structure, systems, and common areas, while unit owners are responsible for maintaining and repairing the interior of their own units.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Association responsibilities

Illinois condo board responsibilities typically include maintaining and repairing the common elements of the property. Common elements may include any part of the building or grounds that is shared by all owners, such as lobbies, roofs, and utility systems. Associations may also handle budgeting, reserves, and insurance for these areas.

Key association responsibilities for condo maintenance may include:

• Exterior maintenance: The roof, foundation, exterior walls, windows (unless otherwise stated in the governing documents), hallways, stairwells, elevators, landscaping, and parking areas.
   
• Utility systems: Major electrical, plumbing, heating, and cooling systems that serve multiple units or the entire building.
   
• Common area upkeep: Swimming pools, gyms, clubhouses, and other shared amenities may be cleaned, repaired, and operated by the association.
   
• Insurance: The association must carry Illinois condo insurance for common elements, and may also carry coverage for limited common elements depending on the bylaws.
   
• Budgeting and reserves: Illinois law typically requires associations to adopt an annual budget, which includes routine expenses, projected capital improvements, and reserve funds for future major repairs.

Associations are expected to plan ahead for preventive maintenance. Reserve studies, regular inspections, and scheduled system servicing can help avoid costly emergencies and keep common areas in good condition.
 

Owner/resident responsibilities

Condo owners in Illinois are typically responsible for maintaining the inside of their own units, along with certain components outlined in the governing documents. The general rule: if it serves only your unit, you’re likely responsible for it.

Typical owner responsibilities for condo maintenance include:

• Interior upkeep: Floors, walls, ceilings, appliances, fixtures, and personal property. Owners should promptly address minor repairs, such as leaky faucets or damaged drywall, to prevent damage that could spread beyond their unit.
   
• Plumbing and electrical inside the unit: While the association maintains shared systems, owners may handle in-unit plumbing, electrical outlets, and fixtures.
   
• Limited common elements: Balconies, patios, and assigned parking spaces are often considered “limited common elements.” Depending on the governing documents, owners may be responsible for routine cleaning and minor repairs, even if the association covers structural components.
   
• Insurance: Owners should maintain condo insurance to cover personal property, liability, and damage caused by negligence.

Taking care of these responsibilities protects not only your unit but also the condo as a whole. For example, failure to address a plumbing leak could lead to damage in neighboring units, which may result in financial liability for the owner.
 

Legal considerations

Condo maintenance obligations in Illinois are governed primarily by the Illinois Condominium Property Act and your condo’s declaration and bylaws. If there is ever confusion about who is responsible for a repair, these documents should be your first point of reference.

Key legal considerations include:

• Declarations and bylaws: These governing documents define what is considered a common element, limited common element, or unit owner responsibility. They also outline how repairs are funded and approved.
   
• Construction defects: If a construction defect affects a common element, the association is typically responsible for addressing it. Owners should be aware of their rights to request action through the board.
   
• Dispute resolution: If there’s disagreement over condo maintenance responsibilities, owners may request clarification from the board, seek mediation, or consult legal counsel.
   
• Amendments to condo association rules: Associations can amend maintenance policies or rules through a vote, but they must follow proper notice and approval procedures as outlined in their governing documents.

Understanding the legal framework helps protect both the association and individual owners from unnecessary liability and disputes. Effective communication between boards, community association managers, and owners is critical to keeping everyone informed of their obligations.
 

Create a “Responsibility Matrix”

Even well-written governing documents may not have the necessary level of detail that your residents need to know. As a result, your board may still find that it is answering the same maintenance and repair questions from residents repeatedly. That’s where a “Responsibility Matrix” can come in handy. This serves as a kind of quick-reference chart that defines who does what in an easy format. It lists the various elements of your property and identifies whether the condo association or the unit owner is responsible for its maintenance, repair, and/or replacement. To create this document, follow these simple steps.
 

Gather all your maintenance-related paperwork

Your governing documents, as well as a recently updated reserve study, should contain most of the information you’ll need. You may also want to reference warranty information for installed equipment and components and for any work that’s been performed by a contractor.
 

Enlist the assistance of your community association manager and attorney

It’s important that the information you provide to residents is accurate and doesn’t leave room for misinterpretation. Your community association manager will have a good understanding of your documents and the work that goes into maintaining your building.

Your attorney will help protect your association from unintentional legal exposure because of something you did or didn’t specify. A disclaimer that the matrix does not represent a comprehensive list of all elements or responsibilities is something your attorney will probably recommend including upfront.
 

Draft a preliminary list of maintenance items

Using everything you have collected, make a list of all the elements that require maintenance or repair work, or that will eventually need to be replaced. Label this list “Items” or “Elements.”
 

Specify responsibilities for each item on your list

Next to your list, create a column labeled “Unit Owner” and another column labeled “Condo Association.” Put a check mark in each column based on who has responsibility for the item. It’s also a good idea to include an additional column for “Comments” or “Notes” since some of the items or responsibilities may need explanation or have exceptions.

If unit owners and your association each have responsibility for different aspects of an element on your list, break that element out into multiple items. For example, perhaps the association is responsible for general maintenance of air conditioners, but unit owners are responsible for replacing the filters. You would need to have one item called “Air Conditioner Units” and another one called “Air Conditioner Filters.”
 

Put it all together for a final review

From your draft chart, create a final matrix. Design it to be easy to read. For example, you might want to use a table template, separate columns with lines, and add bright colors. Have your attorney and community association manager look over the matrix one last time. Also put a version number and a date on the final copy. You will likely need to make changes or additions over time, and version numbers and dates can make it easier to keep track.
 

Distribute the final Responsibility Matrix to all residents

Everyone who owns or rents a unit should have a copy of the Responsibility Matrix. Use a variety of channels to announce its availability and distribute it: email, newsletter, association website, and board meetings. Have them available in areas of your building that residents frequent, such as the front desk, fitness center, and community room.

If you are working with a good community association management company, your condo association should have access to community association management software that can streamline the digital distribution of the matrix. You can also ask your community manager to help distribute the hard copies around your property.

Clearly defining everyone’s responsibilities within your condo association may seem a bit tedious at first. However, you’ll be saving your board a lot of time — and headaches — in the long run. Residents will appreciate knowing their responsibilities, too, and many of the disagreements over condo maintenance and repairs will become a thing of the past.

To learn more about condo maintenance services or how FirstService Residential can serve your community, contact us today.