Q. I have a small 800 sf 1st floor condo which is part of a 3-story building with a common area basement below our unit. The basement space has no heat or A/C. 

The exterior door to the basement is also in very poor condition and does not block any of the cold from the outside, so the basement is the same temperature as the outside except for the heat that radiates off of our HVAC duct work.

Each condo unit is individually heated. The floor under our Condo has no insulation and the duct work is only partially covered in areas.  During the extreme cold our furnace cannot keep up with the demand and our condo can only maintain 55 degrees and the floor is ice cold!  As a construction professional I know that any living space over a non-conditioned space must be insulated per the energy code.

Since it is a "common space" below, should the condo association be responsible for the insulation or the homeowner?

A. The Chicago winters often bring extremely cold temperatures and with them, a host of problems for condo owners who may not be able to address issues without the intervention of the association. Unheated units or other spaces, such as your basement, can cause major problems such as broken pipes. Ineffective or outdated heating systems or insulation can cause insufficient heat. So, what is the association's responsibility for delivering adequate heat to the owners?

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