
Sources of Wall Authority
Establishing Rules & Responsibilities for Shared Walls
So you purchase a townhouse and an issue arises with your party wall. Maybe there are structural issues, a leak, faulty wiring that poses a fire risk, or even a colony of bees that decided to take up residence in the shared wall. Who is responsible for the cost of repairs? There are three main sources that establish party wall rules and responsibilities. HOA governing documents, party wall agreements, and common law.
HOA Governing Documents are a good place to start. If your townhouse is governed by a condominium association, it is likely that partition walls will be considered as part of the common areas. This would make the association responsible for repairs. If your townhouse is in a planned development that grants fee-simple ownership, the homeowners will probably be responsible for repairs. This is a general rule of thumb, but there are exceptions. Before committing to a purchase in a townhouse community, be sure that you review the rules and responsibilities pertaining to shared walls.
