If you own a condominium in Arizona and just received a bill for a repair you believed was a common element, you are probably asking a straightforward question: can the condo association really make me pay for this?
This often arises when an association issues a special assessment or allocates repair costs to only some owners, sometimes just one building, even though the repair involves exterior walls, roofs, structural components, or other areas that appear shared.
The short answer is that sometimes the association can and sometimes it cannot. The legal answer depends on Arizona law and the condominium declaration, not fairness, proximity, or where the damage appeared.
This article explains when a condominium association can require owners to pay for common element repairs, how Arizona’s allocation statute works, and how owners can assess whether the charge is legally proper.
Can a condo association charge owners for common element repairs?
Yes. Condominium associations are generally responsible for maintaining and repairing common elements, and those costs are typically paid through assessments. Disputes arise when the association charges only certain owners for what appears to be a common element repair.
In Arizona, whether the association can do this depends on how the expense is classified and allocated under A.R.S. § 33-1255 and the condominium declaration.
What Arizona law says about charging only some owners for repairs
Arizona’s condominium allocation statute, A.R.S. § 33-1255, governs how common expenses are allocated.
The statute provides that when a common expense benefits fewer than all units, it must be assessed only to the units benefited unless the declaration otherwise provides.
This statutory structure sets a default rule. The declaration may override that rule. The board cannot override it by vote or policy.
What counts as a common element in a condominium?
Common elements are defined by the condominium declaration rather than by intuition.
In many Arizona condominiums, common elements include exterior walls, roofs, foundations, structural components, plumbing serving multiple units, and shared building systems. Limited common elements may include balconies, patios, or components reserved for specific units.
Whether the association can charge only some owners depends on how the declaration classifies the component, not where the damage occurred.
Can a condo association charge only one building for common element repairs?
Sometimes it can, but only if the governing documents support that allocation.
Associations often justify these charges by claiming that only one building benefited, only certain units were affected, or the repair involved a limited common element. That analysis is not always correct.
Exterior wall or roof repairs may protect the building envelope, preserve structural integrity, prevent future water intrusion, or maintain uniform exterior conditions. Even if the damage appeared localized, the repair may provide a broader benefit.
This is why disputes are rarely resolved by common sense. They are resolved by careful review of the declaration.
Does this rule apply only to special assessments?
No. This is a common misunderstanding.
The allocation rule applies to any common expense, regardless of whether it is funded through regular assessments, reserves, emergency repairs later reimbursed, or a special assessment. The issue is not how the association paid for the repair. The issue is whether the cost was allocated to the correct units under Arizona law and the CC&Rs.
When the declaration overrides the statute
The most important phrase in A.R.S. § 33-1255 is “unless the declaration otherwise provides.”
This means the declaration may establish an allocation scheme different from the statutory default. The board cannot create this override on its own. It must already exist in the recorded declaration.
If the declaration does not clearly override the default rule, the statute controls.
Where owners should look in the CC&Rs
When a condominium association charges only some owners for repairs, three sections of the declaration usually control the outcome.
The definitions section determines whether the component is classified as a common element, limited common element, or part of the unit.
The common expense allocation section explains how expenses are shared and whether limited benefit allocations are permitted.
The maintenance and repair obligation section may require the association to maintain certain components regardless of proximity to specific units. When the association has the maintenance obligation, the expense often remains a common expense.
Owners should read the declaration as a whole. Many documents include general rules followed by exceptions elsewhere that change the analysis.
How owners challenge an improper allocation
Most owners start with informal emails. That rarely changes the outcome.
A formal records request often does.
Arizona’s condominium records statute, A.R.S. § 33-1258, gives owners the right to inspect and copy association records. In allocation disputes, this forces the association to identify the declaration provisions relied upon and produce documentation supporting the allocation decision.
In many cases, the records show that the board did not perform a declaration based analysis at all.
What to request if you believe the charge is incorrect
A focused records request should seek the documents that connect the repair cost to a legal allocation theory. These often include the declaration provisions relied upon, board or committee minutes discussing allocation, contracts and invoices, engineering or consultant reports, insurance and reserve communications, allocation calculations, and any legal or management guidance used to justify the decision.
Delays, refusals, or claims that records do not exist can affect the defensibility of the assessment.
When it makes sense to consult a condo attorney
If the amount is significant, if the charge applies only to certain owners, or if the association refuses to produce records supporting the allocation, early legal review is often worthwhile.
Many disputes resolve through a targeted demand letter citing A.R.S. § 33-1255, invoking A.R.S. § 33-1258, and requiring the board to justify its position. Litigation is often unnecessary when the documents do not support the charge.
Conclusion
Owners do not need to know statutory citations to question a repair bill. They need to know where to look.
Under Arizona law, the statute sets the default rule, the declaration may override it, and the records show whether the association followed either one.
If your condo association is charging you for a repair you believe is a common element, reviewing the declaration and requesting the records supporting the allocation decision is often the fastest way to evaluate whether the charge is proper.
This article is for general educational purposes only and does not create an attorney client relationship.