Condo Structural Repairs: Who Pays, and How the Bill Is Split

The Short Answer

The association is responsible for structural repairs, and every owner pays a share. You are rarely billed for the whole repair yourself, but you pay your share of it.

• Who is responsible: the association, for anything that is a common element. In most condo declarations that includes the foundation, slab, load-bearing walls, columns, beams, floor and roof framing, and the exterior walls. Florida’s statute says it plainly: “Maintenance of the common elements is the responsibility of the association” (Fla. Stat. 718.113(1)). California does the same unless the declaration says otherwise (Civ. Code 4775(a)(1)).
• Who pays: all owners, through the association. A repair the association owes is a common expense, and common expenses are charged to every unit.
• How much you pay: your share in the declaration, usually your percentage interest in the common elements. In Florida, for condos created after January 1, 1996, the share must match each unit’s ownership interest in the common elements (Fla. Stat. 718.115(2)).
• When you pay alone: when the declaration makes that part of the building yours (common in townhome-style condos), or when you or your tenant caused the damage.

How the Money Reaches Owners

A structural repair is paid in this order. Each step that falls short pushes cost to the next.

A worked example. A 40-unit building needs $1,200,000 of concrete and balcony repair. Reserves hold $400,000. The $800,000 gap is assessed by percentage interest. A unit with a 2.5% interest owes $20,000. A larger unit with 3.1% owes $24,800, and a smaller one with 1.9% owes $15,200. An equal split would charge every unit $20,000.

For leaks in pipes under the slab, see slab leaks in condos and co-ops.

When an Owner Pays Alone

Most owners never get a structural bill of their own. These are the exceptions:

1. The declaration assigns that part to the unit. Townhome-style condos often make each owner responsible for their own roof, exterior walls or foundation. Check the maintenance section of your declaration, then our guide to unit boundaries for where your unit ends.
2. It is a limited common element charged to its users. Balconies, patios and decks that serve one unit can be charged to that unit if the declaration says so. Florida allows this and requires the declaration to say how the costs are split (Fla. Stat. 718.113(1)). See limited common elements.
3. You caused it. If you removed a load-bearing wall in a remodel, or a contractor you hired cut into a beam, the association can charge the repair to your unit. Washington’s statute lets the association, after giving the owner notice and a chance to be heard, assess a single unit for costs caused by the owner’s or occupant’s willful misconduct or gross negligence, and for ordinary negligence when the declaration says so (RCW 64.90.480(6) and (7)).

Can the Association Refuse to Fix the Structure?

Usually not. If the declaration makes the association responsible for a common element, the board cannot simply decide to leave it. In California the association must repair, replace and maintain the common area unless the declaration says otherwise (Civ. Code 4775(a)(1)). The board can choose the contractor, the timing and the method. It cannot shift a common-element repair onto one owner without a basis in the declaration or state law (such as owner fault, above).

If the board stalls, write to it: name the defect, attach photos and a contractor’s note, cite the maintenance section of your declaration, and ask for a written plan with a date. Our repair dispute process has the steps.

State Rules That Change the Bill

Florida (3+ story buildings). Two laws written after the 2021 Surfside collapse:

• Milestone inspection by December 31 of the year the building turns 30 (25 if the local building office requires it, for example near salt water), then every 10 years. The association pays for the parts it maintains (Fla. Stat. 553.899). Substantial structural deterioration found in phase one triggers a phase two inspection.
• Structural integrity reserve study (SIRS) at least every 10 years. It must cover the roof, structure, fireproofing and fire protection, plumbing, electrical, waterproofing and exterior painting, windows and exterior doors, and any other item whose deferred maintenance or replacement cost exceeds $25,000 (or a higher inflation-adjusted figure set by the state). For budgets adopted on or after December 31, 2024, owners can no longer vote to waive or cut reserves for those items (Fla. Stat. 718.112(2)(f) and (g)).

What that means for you: in older Florida buildings, dues are rising to fund structural reserves, and buildings that skipped reserves before are assessing to catch up. See Florida condo law.

California. Without a member vote, the board may not impose special assessments that together exceed 5% of the association’s budgeted gross expenses for the year (Civ. Code 5605(b)). Emergencies are exempt: a court order, a threat to personal health or safety or another hazardous condition, or a repair the board could not reasonably have foreseen. For that last one, the board must pass a resolution with written findings and send it with the assessment notice (Civ. Code 5610). A structural defect fits that exemption only if it threatens health or safety or is otherwise hazardous; otherwise the board needs a member vote or the unforeseen-repair findings. (California law calls the common elements the “common area”.) See California condo law.

Washington. Common expenses are assessed against all units by their common expense liabilities. If the declaration says an expense benefits only some units, it is charged to those units (RCW 64.90.480(3) and (4)).

Other states: check your state condo law page.

What to Do When a Structural Assessment Arrives

1. Find your percentage in the declaration exhibit and check the math on your bill.
2. Ask for the engineer’s report and the reserve study. You can request association records; our guide on requesting HOA documents has a letter.
3. Ask about a payment plan. Many boards spread large assessments over months. See special assessment payment plans.
4. Call your HO-6 insurer. If the repair follows a covered loss (a storm, a fire), your policy’s loss assessment coverage may pay part of your share. It usually does not cover wear, rot or deferred maintenance; check your policy.
5. Buying? Ask the seller for the latest reserve study, any engineer’s report and the board minutes for the last 12 months before you sign. See special assessments and reserve study red flags.

Frequently Asked Questions

Who pays for structural repairs in a condo, the HOA or the owners?

The association is responsible and pays from its funds, but those funds come from all owners. It uses reserves first, then a special assessment or a loan. Each owner pays the share set in the declaration, usually their percentage interest in the common elements.

Do condo owners pay out of pocket for structural repairs?

Only through a special assessment, which every owner pays by their share, or when the declaration makes that part of the building the owner's (common in townhome-style condos), or when the owner caused the damage.

Is the association responsible for the structure of a condo or townhouse?

In most condo buildings, yes: the foundation, slab, load-bearing walls, framing and exterior are common elements. In townhome-style communities the declaration often makes each owner responsible for their own roof, walls or foundation. Read the maintenance section of your declaration.

Can a condo association decide not to cover exterior walls?

Not on its own. If the declaration makes exterior walls a common element, the association must maintain them. Moving that duty to owners usually needs an amendment to the declaration, approved by the vote the declaration requires.

How is a structural special assessment split between units?

By the share in the declaration, usually each unit's percentage interest in the common elements. A unit with a 2.5% interest pays 2.5% of the assessment. Some declarations split equally; the exhibit listing each unit's share tells you which.

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Important Disclaimer: This article describes common patterns and quotes state law as of November 2026. It is general educational information, not legal advice. Every declaration is different, and state law varies. Always read your own governing documents, and talk to your association’s manager or a qualified community association attorney about your situation.

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