Minnesota Condo Repair Dilemma: Who Pays for the Pipes?

Since starting this series, I have explored Illinois, Michigan, and Wisconsin law as it relates to the allocation of responsibilities for property insurance coverage between unit owners and condominium associations. In neighboring Minnesota, the general rule is similar: Condominium associations are responsible for insuring and maintaining common elements and structural components of the building, while unit owners are responsible for their personal property and interior of their units.

A “Common Element” is all portions of the common interest community Minn. Stat. § 515B.1‑103(7). Whereas a “Limited Common Element” means a portion of the common elements allocated by the declaration or operation of section 515B.2-109(c) or (d) for the exclusive use of one or more but fewer than all of the units. Minn. Stat. § 515B.1‑103(20).

Minn. Stat. § 515A.2‑102(4) defines unit boundaries and default classifications for Limited Common Elements:

Except as otherwise provided by the declaration:

(1) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements.

(2) If any chute, flue, duct, pipe, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside of the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.

(3) Subject to the provisions of paragraph (2), all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit.

(4) All exterior doors and windows and any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, or other fixtures designed to serve a single unit, but located outside the unit’s boundaries, are limited common elements allocated exclusively to that unit.

What Does This Mean for Condominium Owners?

Like Illinois, Michigan, and Wisconsin, Minnesota places great weight on a condominium’s governing documents. However, the Minnesota statute does define some terms. Under § 515A.2-105, every association must adopt bylaws and a declaration that clearly allocates an undivided interest in the common elements and allocates any limited common elements. § 515A.2-109 states that the declaration shall specify to which unit each limited common element is allocated, except for the limited common elements described in 515A.2-10(2) and (4). Courts in Minnesota refer to the statute but also to the condo declarations. But whose responsibility is it to maintain and repair common and limited common elements?

In one notable case, Gallery Tower Condominium Ass’n v. Carlson, 2011 WL 2302701 (Minn. Ct. App. June 13, 2011), the Minnesota Court of Appeals addressed the allocation of maintenance responsibilities between unit owners and the condominium association, focusing specifically on riser pipes connected to the HVAC system. The court explained that, under both the condominium declaration and the Minnesota Common Interest Ownership Act (MCIOA), unit owners are responsible for the interior of their units, while the association is responsible for maintaining and repairing common elements and limited common elements. The court rejected the unit owners’ argument that the riser pipes were limited common elements serving only their unit, citing statutory language that classifies any component located outside the unit boundaries and serving the entire building as a common element. Accordingly, the court held that the association had both the authority and the responsibility to maintain and repair the riser pipes, even without inspecting the individual unit. The decision reinforced that when elements lie outside a unit’s physical boundaries and benefit the broader community, the obligation to maintain them rests with the association, not the individual owner.

Takeaway

In Minnesota, when elements lie outside a unit’s physical boundaries and benefit the broader community, the obligation to maintain them rests with the association, not the individual owner.