Maryland Condo Laws: Who Repairs What

Governing law

State law sets the defaults. Your declaration (sometimes called the master deed or CC&Rs) usually fills in the details, and it often moves specific items between the owner and the association. Read both together.

Who maintains what

Under sec. 11-108.1, unless the declaration or bylaws say otherwise, the council of unit owners is responsible for maintenance, repair, and replacement of the common elements, and each owner is responsible for their own unit. This rule is subject to the insurance rules in sec. 11-114, which control how the master policy deductible is shared after a covered loss. For limited common elements, check your declaration, since it decides who repairs and pays for them.

For a component-by-component breakdown, see who pays for what and limited common elements.

Unit boundaries

For condos created on or after July 1, 1981, sec. 11-103(a)(3) sets defaults unless the declaration or plat says otherwise. If walls, floors, or ceilings are unit boundaries, finished surfaces such as drywall, paint, tile, and finished flooring belong to the unit, and the rest is common. Pipes, ducts, and wires serving only one unit are part of that unit. Exterior doors, windows, balconies, and patios serving one unit are its limited common elements.

Boundaries decide most repair disputes, from plumbing leaks to windows. Our unit boundaries guide explains how to read them.

Key provisions

• The council of unit owners maintains common elements and owners maintain their units, unless the documents say otherwise (sec. 11-108.1).
• An owner whose unit is the source of damage can be charged up to $10,000 of the master policy deductible (sec. 11-114(g)).
• If damage starts in the common elements or outside the units and common elements, the deductible is a common expense (sec. 11-114(g)).
• For condos recorded on or after October 1, 2010, the declaration must list shared roofs, foundations, exterior and supporting walls, and building systems as common elements (sec. 11-103(a)(4)).
• Residential condos need a reserve study and an update at least every five years (sec. 11-109.4).
• Resale buyers get a disclosure package and may cancel within 7 days of receiving it (sec. 11-135).

Reserve studies

Thin reserves often turn into special assessments. See reserve study red flags for what to look for.

What is different in Maryland

Insurance and deductibles

Under sec. 11-114(a), the council of unit owners must carry, to the extent reasonably available, property insurance on the common elements and on attached and multifamily units (excluding owner improvements and betterments), plus general liability coverage. When damage starts in a unit, that owner is responsible for the master policy deductible up to $10,000, and the rest is a common expense. When damage starts in the common elements or from an outside event, the deductible is a common expense. The association must give owners an annual written notice of the deductible amount and their responsibility.

Related: HOA insurance deductibles and master policy vs HO-6.

Buying or selling a Maryland condo

Under sec. 11-135, a resale contract is not enforceable unless it includes a statutory notice and the seller provides, at least 15 days before closing, the declaration, bylaws, rules, and a resale certificate. The certificate covers assessments, fees, planned capital spending, budget, reserve study or summary, lawsuits, insurance, and code violations, plus notice of the deductible responsibility. The association must prepare it within 20 days of request, for a fee capped by statute. The buyer may cancel within 7 days after receiving everything, until closing.

Frequently Asked Questions

How much of the master policy deductible can a Maryland condo charge me?

Up to $10,000, if the damage started in your unit. Section 11-114(g) makes the rest of the deductible a common expense. If the damage started in the common elements or from an outside event, the whole deductible is a common expense. Check your HO-6 policy to make sure it can cover this amount.

Who repairs what in a Maryland condo?

Unless your declaration or bylaws say otherwise, sec. 11-108.1 makes the council of unit owners responsible for the common elements and each owner responsible for their own unit. For newer condos, sec. 11-103 says finished wall, floor, and ceiling surfaces belong to the unit and the structure behind them is common.

How long do I have to cancel a Maryland condo purchase?

Under sec. 11-135(f), a buyer may cancel in writing within 7 days after receiving all the required resale documents, without giving a reason, and get the deposit back. The right ends once the sale closes. The seller must deliver the documents at least 15 days before closing.

Are windows and balconies common elements in Maryland?

For condos created on or after July 1, 1981, unless the declaration or plat says otherwise, exterior doors, windows, balconies, and patios serving only one unit are limited common elements of that unit (sec. 11-103(a)(3)). Your declaration decides who repairs and pays for them, so check it before assuming.