Is the Repair of the Air Conditioner Really my Responsibility?

By June 12, 2019 July 2nd, 2019 Condo & HOA Law, Treasure Coast Palm

Q:        I live in a condominium.  My outdoor air conditioning unit failed, and I asked the Association to have it repaired.  They said the maintenance of the air conditioner is my responsibility.  Is it?  I thought the Association insured the a/c units?

J.D., Vero Beach

A:        The maintenance, repair and replacement responsibility for the a/c unit depends on two things.  1)   Pursuant to the Declaration of Condominium who, the Association or the Unit owner, is responsible for the day to day maintenance and repair?  Typically, the Declaration will provided that each owner is responsible, but this is not always the case.  2)  What caused the a/c unit to fail?  The Condominium Act provides that the Association does insure the a/c units for failures caused by an “insurable event” such as a lightning strike, fire, or a hurricane.   So, if the a/c unit failed due to normal wear and tear typically the Unit owner is responsible to perform and pay for the repairs.  However, if the failure was caused by an insurable event then the Association is responsible pay for and make the repairs.   There are certain exceptions to these general rules.  So, you need to read your Declaration and determine what caused the a/c unit to fail.

 


Richard D. DeBoest, II, Esq. is co-founder and shareholder of the Law firm Goede, Adamczyk, DeBoest & Cross, PLLC.  T o ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com.  The information provided herein is for informational purposes only and should not be construed as legal advice.  The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our attorneys.  Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein.  The hiring of an attorney is a decision that should not be based solely on advertisements or this column.

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