A recent interpretation of the Condominium Act clarifies key responsibilities and rights of condominium associations and unit owners regarding records access, maintenance obligations, and service provider decisions.
Under Section 19 of the Condominium Act, condominium associations are required to provide unit owners with access to minutes from association and board meetings covering the past seven years. When a unit owner formally requests copies of these records, the association has 10 business days to comply. Failure to respond within this timeframe is considered a denial of the request. In such cases, unit owners may pursue legal action to compel the association to comply. Additionally, courts may order the association to pay reasonable attorneys’ fees and costs associated with the lawsuit if owners are forced to file suit to obtain their records. The law encourages unit owners to first submit a written demand reiterating their request to both the management company and the board before initiating legal proceedings.
Maintenance responsibilities for intercom systems within condominium buildings hinge on the governing documents, specifically the condominium declaration and by-laws. While the intercom system in common areas such as lobbies typically falls under the association’s jurisdiction, components located inside individual units often remain the responsibility of the unit owner. This approach mirrors the distinction made for plumbing fixtures, where the broader building system is maintained by the association, but individual unit components must be maintained and repaired by the owner.
Regarding changes in internet and cable television providers, condominium boards generally have authority to make such decisions without seeking unit owner approval. Section 18.4(a) grants boards the power to oversee the operation, care, maintenance, and improvement of common elements, which courts interpret as inclusive of administrative decisions such as contracting for services. Furthermore, Section 18.4(o) explicitly authorizes boards to enter into contracts for bulk cable television or high-speed internet services on behalf of all unit owners, typically on an equal cost-per-unit basis, enabling the board to negotiate provider changes as deemed appropriate.
These clarifications reaffirm the balance between the condominium association’s authority to manage common elements and services, and the rights of unit owners to access records and understand their maintenance obligations. Unit owners are advised to consult their condominium documents and the relevant provisions of the Condominium Act to navigate these matters effectively.
