33-1247. Upkeep of the condominium
A. Except to the extent provided by the declaration, subsection C of this
section or section 33-1253, subsection B, the association is responsible for maintenance,
repair and replacement of the common elements and each unit owner is responsible for
maintenance, repair and replacement of the unit. On reasonable notice, each unit owner
shall afford to the association and the other unit owners, and to their agents or
employees, access through the unit reasonably necessary for those purposes. If damage is
inflicted on the common elements or any unit through which access is taken, the unit
owner responsible for the damage, or the association if it is responsible, is liable for
the prompt repair of the damage.
B. For any residential rental units that have been declared a slum property by the
city or town pursuant to section 33-1905 and that are in the condominium complex, the
association is responsible for enforcing any requirement for a licensed property
management firm that is imposed by a city or town pursuant to section 33-1906.
C. In addition to the liability borne by the declarant as a unit owner under this
chapter, the declarant alone is liable for the maintenance, repair and replacement of any
portion of the common elements which the declarant reserves the right to withdraw from
the condominium, as long as the unit owner maintains that right.
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