In this week's tip, we're answering an HOAleader.com reader's question on who's responsible for repairs to skylights: Owners or a condo association?
You can read the full text of our reader's question here. But generally, their skylights were installed by the condo developer of the condo building, and they're now leaky. But the governing documents don't say who needs to do the repairs.
Our experts say that many documents they see don't touch on skylights, so you have to do some analysis. And each of our experts has either a law or a common practice that helps guide clients like our reader to an answer.
In Florida, Jennifer Biletnikoff, a shareholder in the Naples, Fla., office of Becker & Poliakoff, who has represented condos and HOAs for more than 15 years, essentially asks what skylights are most like when comparing them to other things that are mentioned in the
documents.
"There have been times where the documents don't reference skylights," reports Biletnikoff. "Our first advice then always is to amend your documents. Until that happens, we really have to look at whether there are any discussions
in the documents regarding windows and glass. I've seen cases that liken skylights to a window or opening or an aperture in a unit.
"Here in Florida, this is one of those things that, unfortunately, where you have disputes with others over
those type of things, they often go to arbitration with our state's division of condos," she says. "In those cases, outcomes are kind of all over the place.
"But typically, if you look at windows and glass and there's no definition at all,
it sometimes comes down to whether the documents cover apertures," she notes. "I've also seen cases where skylights have been considered part of the roof. That's why when boards start coming across things like this, I suggest they really think about when it's appropriate to update your documents."