Question about what is covered.

We have provisions that say "the association shall keep the exterior of all buildings and improvements in such a state of good repair including but not limited to the entry doors, garage doors, windows”

We now have a dispute over the exterior screen of a window. The homeowner says its included, the management company says no. But, I can't find anything that says screens are not part of the window. If screens are part of the window then the association should provide for the screen.

At this point, the board is failing to provide the screen. To me, it appears this runs counter to the agreement.

What is the general concept of what is covered or not? How should the homeowner be handled? What recourse does the homeowner have?

Bill,

If every unit had the same type of screens an argument could be made that the screen was part of the window. Typically, screens do not need to be repaired or replaced unless they were damaged. Typically, this damage is caused by an individual/s vs. mother nature. I suspect that there is something within your governing documents that state if someone causes damage to the common area that they will be responsible for the cost of repairing that common area.

It's possible that the Board expects that the damage was not natural and therefore, the owner of the unit should pay.

Either way, I agree with Donna - this is an inexpensive item to get into a fight over. I would recommend that you request a meeting with the board and point out the gray area of the screens and ask that the issue be clarified in writing by a resolution or an amendment to the document. Perhaps the Association will split the cost with you once the gray area is pointed out.

Tim