What Does the COA Pay For and What Do I Pay For?
Posted: April 23rd, 2026
Written By: Mark D. Siemer
If you are buying a condominium, it is important to know Condominium Owner’s Association, is responsible for, what you are responsible for, and what your neighbors are responsible for. Knowing this is important when it comes to ensuring your Unit and when it comes to maintaining your Unit.
A condo unit owner can usually determine maintenance responsibilities by reading the condominium declaration, checking the unit boundaries, and identifying which parts of the property are common elements, limited common elements, or part of the unit. The key is to match the location of a problem or item to the governing documents because that is what typically decides whether the COA or the owner must maintain it.
What are the Declarations?
The declarations are recorded in the Official Records of the County. They state the rules that all the Unit Owners agree to live by when they buy a unit. They also state the rules and powers the Association has as the representative of the Unit Owners. The declarations can be dense and challenging to read, and challenging to find, especially for Associations that have been around for decades because the declarations can be amend piecemeal. For example, an amendment might be made ten years after the initial declaration that alters one component paragraph of the Declarations. That can be easy to miss, but if it is the paragraph defining the common elements, the limited common elements, the units or maintenance responsibilities, it is critical.
The declaration is the most important document for figuring out who maintains what. It usually explains the unit boundaries, the common elements, and any limited common elements, along with the maintenance and repair rules for each. In many condominiums, the declaration is more specific than a general rule of thumb, so it should be your first stop.
What Definitions Apply?
Once you have found the declarations, you need to find the right definitions. The definitions define what is yours, what are your neighbors, and what are the Associations. One of the big questions you will have to know is, does your Unit begin at the finished surface of the wall or the unfinished surface of the wall? Or put differently, are you responsible for in front of the drywall or behind the drywall. It is also important to know what pipes and wire serve your unit exclusively or multiple units. Why does this matter? Because it also defines what your neighbor’s responsibility is. If the unit above you leaks causing rot in your ceiling, it is important to know is your neighbor responsible because they did not correct the plumbing on the finished wall, or is Association responsible because the pipe leaking?
Also look for limited common elements. These are areas used by one unit or a small group of units, such as balconies, patios, storage spaces, assigned parking, or exterior doors and windows in some communities. Even though one owner may have exclusive use, the declaration may assign maintenance responsibility to the COA, the owner, or both in different ways.
How Do You Plan for Costs?
Dividing the responsibilities correctly is important for you to protect your asset and for the Association to be properly capitalized. Maintenance is expensive. If the Association is considering reducing the dues, or trying to avoid raising the dues, it is especially important that the maintenance responsibilities are understood because the Association’s decision is a collective risk assessment decision. If the Association does not have adequate funds in reserve, and a general liability policy, it is possible that your neighbor’s leak will be declined by the insurer as a covered event and then the Association might not be able to pay to make the repairs. Leaving the unit owner to foot the bill and consider litigation.
Practical Steps for Owners and the Association
Start by getting a full copy of the governing documents, not just the rules sheet. Then read the sections on unit boundaries, common elements, limited common elements, maintenance, repair, replacement, and insurance. If there is a repair issue, match the problem to the document language before paying for work or demanding that the COA manage it.
It is also important to have an emergency repair fund separate from general maintenance. Deferred maintenance is a common issue in older condominiums. But differing maintenance, especially without an emergency repair fund, is playing a high stakes game of roulette. Why? Because if leak forms in one unit, it can rot the frame of more than one unit. Mold can grow and spread which will just increase the cost of correcting the issue and increase the likelihood that Unit Owners will be displaced by the financial hardship.
Mark Siemer, is a Construction Attorney with Volk Law Offices, P.A., has 8 years’ experience and can be reached at help@volklawoffices.com or by visiting VolkLaw online at VolkLawOffices.com. Read more about Attorney Mark Siemer. Call for a consultation: (321) 726-8338.
The matters discussed here are general in nature and are not to be relied upon as legal advice. Every specific legal matter requires specific legal attention.
The law is constantly changing and matters discussed today may not be the same tomorrow. Legal matters are also subject to different interpretations by attorneys, judges, jurors and scholars. No attorney-client relationship is intended or created as a result of matters discussed here. You should consult counsel of your choice if you have any dealings in these areas of the law. Volk Law Offices, P.A. and its attorneys make no representations or warranties with respect to the accuracy or completeness of the matters addressed.