Legal Definitions - necessary repair

A "necessary repair" refers to work done on a property that is essential to prevent it from falling into disrepair, becoming unsafe, or losing its fundamental functionality. It must also be a reasonable and appropriate action given the specific situation and common standards for property maintenance.

Here are a few examples to illustrate this concept:

• Example 1: Residential Rental Property

  Imagine a tenant in an apartment building reports that the main water pipe supplying their unit has burst, causing significant flooding and making the bathroom unusable. The landlord must address this immediately.

  • How it illustrates "necessary repair": Repairing the burst pipe is essential to prevent deterioration because ongoing flooding would cause severe structural damage, mold growth, and render parts of the apartment uninhabitable. It is also proper under the circumstances because a landlord has a legal obligation to provide a safe and habitable living environment, and fixing a major plumbing failure is a fundamental part of that responsibility.

• Example 2: Commercial Office Building

  Consider a multi-story office building where the elevator system frequently malfunctions, trapping occupants and causing significant delays. The building management decides to undertake a complete overhaul of the elevator mechanics.

  • How it illustrates "necessary repair": Overhauling the faulty elevators is essential to prevent deterioration of the building's functionality and reputation. Persistent breakdowns make the property less accessible, potentially unsafe, and significantly reduce its value and attractiveness to tenants. It is proper under the circumstances because reliable vertical transportation is a basic expectation for a modern office building, crucial for tenant safety, accessibility, and business operations.

• Example 3: Homeowner Association (HOA) Common Area

  In a condominium community managed by an HOA, the main storm drain system in a common recreational park becomes severely clogged and damaged, leading to frequent localized flooding after rain, eroding pathways, and damaging landscaping.

  • How it illustrates "necessary repair": Repairing and clearing the storm drain system is essential to prevent deterioration of the common areas. Uncontrolled flooding will continue to erode pathways, damage plant life, and potentially undermine foundations of nearby structures. It is proper under the circumstances because the HOA is responsible for maintaining common elements and ensuring the safety and usability of shared spaces for all residents. Addressing a failing drainage system is a reasonable and expected action to protect the community's assets.