Limited Common Elements question

Started by ShaunB • 2 replies • 1418 views

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ShaunB (Illinois)
Posts: 1

Posted:

Greetings,

I am on the board of an 8 unit building that is roughly 10 years old. The master bathrooms have large, glass block windows that have had issues with water leakage in recent years. The top 2 floors on one side of the building have it the worst. We have narrowed the issue down to improper/faulty flashings above the glass blocks. The decs/bylaws have windows listed as limited common elements. The board has initially found that the owner is responsible for fixing the issue. The owners contend that the flashing is part of the wall, not the window, so it is the association that should be responsible. They also raised the question of is the glass block an actual window or a wall.

If anyone has any thoughts or have dealt with a similar scenario i'd love to hear how they association has dealt with it.

Thanks much!

-Shaun

KerryL1 (California)
Posts: 14,550

Posted:

What do your CC&Rs ("decs") say about who is responsible for limited common elements/areas?

Next, I guess these "windows" aren't openable, so I don't know if they even can be called windows and might be defined as glass block "walls" instead. And it sounds like they might even serve a structural purpose.

We're a multi-story building too and a lot of our "windows" don't open either. They are a part of our larger building envelope. But whether they open or not, our HOA attorney has written that the HOA is responsible for replacing the window panes. Just one reason is that an Owner would have to engage swing staging etc. to replace a pane on the 8th floor. In other words, as in your case, it doesn't seem possible for Owners to maintain the flashing above these glass blocks.

In your case, where it seems to be the exterior flashing (and possibly inadequate weeps?), it would seem to be HOA's responsibility. Or could it be the sealant around the glass? In our case that sealant was defective and all, at all of our window systems, was replaced with construction defect settlement funds.

Brings me to a final possibility. If the building is less than 10 years old, would you have recourse with the developer?

DanaT (Tennessee)
Posts: 214

Posted:

If the windows are listed as "Limited Common Elements", more then likely, the Association will be responsible for the repairs. I am also sure that your CCRs state that any alteration to this area, must be approved by your Board. Our docs state that as a Unit Owner, our only responsibility is to keep our Limited Common Elements, clean and we can not use them as storage.

We have no authority to make any alterations whatsoever, without written prior approval from the Board, right down to hanging a plant or putting down a throw rug.

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