Leaking windows

If they are your windows, meaning they are only for your unit, then yes they very well could be your responsibility, it all depends on what is in the CC&R's. Either way (your responsibility - HOA responsibility) you will be responsible to pay for it. One unit (yours) replacing one window for say $1,000 out of your own pocket or 22 units replacing one window for $1,000 each using HOA funds still comes out to each unit being responsible for $1,000. That is unless your HOA happens to have an excess of funds lying about.

Fred I know the more you buy the better price you can get, I was just trying to clue the OP into one way or another, he would need to pay for it. Maintenance free living doesn't mean free maintenance.

Our roofs were replaced three years ago. 12 months ago we had a construction consultant come out to inspect the windows. He said there was a construction defect of some sort. To determine what to do he recommended 1.) an inventory of which of these glass bricks leaked. 2.) exploratory work on a couple of windows. When I was on the board the members would not talk about is report; I proposed it at a board meeting and was told "we can't talk about maintenance issues at this meeting." Now I think it is because someone doesn't think it is the HOA's responsibility. After it not being discussed a second time I left the board. But regarding my original question: leaking windows are the HOA's responsibility? Is that possible?

You know my memory is coming back to me now a bit. You may want to go and check out "This old House" magazine for some past articles. I believe there was a recall of sorts on these types of windows years ago. Worth looking into IF my memory serves me correctly now. That research may lead you down a rabbit hole but also mean manufacturing defect/warranty replacement. Another factor.

Again, not knowing how your windows and homes are set up it is kind of hard to tell. If it is condos and not individual homes then that makes a difference. Condo's the responsibility may indeed fall under the HOA's umbrella. Individual homes not so much. Even if it is the HOA's responsibility, then the process could not only involve taking responsibility but many other things as well. It is a HUGE issue with many layers. The first of which is how to fund such a project? How many bids do you get? Who's opinion on the corrective action do you use? Does the rules need to be changed to put it on the homeowners versus HOA? Should the same materials be put back up with knowing this product has a history of defects? Can individuals choose their own replacement options if they pay for the repairs on their own?

Do you see where I am going? LOTS of questions to be asked and most board members would like to avoid this big headache. The headache isn't going to go away any time soon. It's just trying to push it back of their minds. However, there is no reason why you can not under take this project yourself and present it to the board. I am sure they would love to have someone do the legwork so it's in a neat package when they get it. The good news is that if the HOA does pay for the project it will be CHEAPER on the individuals than paying directly out of their own pocket. With and HOA you get a GROUP rate and NOT just eggroll...mmm eggroll...

Thomas,

As others have said, the answer is within your governing documents. Typically the CC&Rs.
IF the documents are open to interpretation because of the language used, I would suggest that the board (or individual members) seek a legal opinion from a local attorney.

Once you have that opinion, you can go from there.

You have not cited or provided language from your documents. Therefore, it is impossible for anyone to provide you with a specific opinion of the documents interpretation.

We can only give you personal opinions based on our own experiences and the documents of various Associations that we have seen. These opinions will not really help you. I have personally seen documents that require individual members to be responsible for doors and windows. I have also seen documents that says the Association is responsible for windows but not doors.

Again, I advise you to seek a legal opinion on the interpretation of your own governing documents.


The style, color and material of the windows would be controlled and kept consistent by the CC&Rs and adopted guidelines. However, I do understand the point you were making.


Homeowner Associations do this all the time.

Condominium Associations do this to a lesser extent (usually where the maintenance, or lack thereof, would only affect the one member).

Thomas have you ever bothered to read your CC&R's? From your posts it doesn't sound like it to me, somewhere in the Covenants should be language as to what is a homeowner's responsibility and what is the HOA's responsibility. As to being in it all together, if it is an HOA expense and if sufficient money hasn't been set aside in reserves then all of you together are responsible to pay for it. I'm assuming that the Board members units are not immune from the leaks and they too will have to pay for the repair out of their pockets or pony up with everyone else.

P.S. You don't know if it is common maintenance until someone reads the blasted CC&R's.

Yes I have read the CCr's often
Then who's responsibility is it?

> Please support this belief by citing the applicable sections of your governing documents and any applicable State or Federal laws.

Well you don't really need to show US you need to show your board and/ or neighbors.

If reasoning (based on what's in the documents) doesn't work then your options are

- try to get the neighbors to rise up (complain at a meeting)

- try to vote in a new board

- lawsuit (which also need to be based on what's in your documents).