Who takes responsibility for bad foundation?

BY ILYCE GLINK AND SAMUEL J. TAMKIN Tribune Media Services Q: I live in San Antonio, and I’m looking to buy a condo. If there is a foundation problem with the property, who is responsible for repairing the problem?

It’s a small condo complex of about eight to 10 units, and I’m worried about buying into a small complex with a very expensive problem.

A: Generally, condominium developments require the association to take care of issues that relate to the common areas of the development.

If you picture a common condominium project that includes two or more apartments in a multi-story building, the association will usually be responsible for the roof, foundation, structure walls, exterior walls and other common areas.

If you live in a 12-story building, the condo association would certainly cover a problem with the foundation.

However, in some situations, condominium buildings might look more like townhomes or single-family homes that share common walls but little else. In these types of buildings, the individual condo owners might have more responsibility for repairing roofs or other building elements ordinarily deemed the responsibility of a condo association.

When they close on their property — or even earlier, when they are looking at the property — buyers of condominiums should receive a copy of the condominium declaration or other operating document that regulates the relationship between the owners of the various units and the condominium association.

The provision in the document to look for in this case is the one that mentions the parties responsible for the repair and replacement of the common areas of the building or other portions of the property. Condominium documents usually will have a paragraph that describes the responsibilities for the care and maintenance of the building by the association and a different provision that describes the obligations of each homeowner.

If you’re in the process of shopping for a condo, you can ask that the seller’s agent to give you a copy of the condo declaration (also known as the “condo dec”), as well as copies of other operating agreements.

You should also ask for a copy of the building rules and regulations, plus a copy of the past two years’ building board minutes and budgets and the current year’s budget. That way, you’ll see if any big problems have been identified, what the cost to repair those projects is, and how much unit owners will have to pay.

Take a look at these documents and then you will know who is responsible for repairing the foundation. But remember, it’s the building owners who fund these sorts of projects, so be on the lookout for any mention of a “special assessment” or an increase in monthly maintenance fees.

If any fees are going up, you should know that before you make an offer for the property.