Windows and Doors

hi,

In our master deed section for our condo the windows and doors and skylights are not called out for either the condo assn responsibility or the unit owner responsibility. My interpretation is that windows, doors (from individual unit to the common area), sliding doors, skylight etc is the unit owners domain of responsibility.

The common areas has a skylight, windows and a main tenant door. Also the utility room has a service door. I am thinking that is the condo assn responsibility.
Also the skylight's exterior area where it protrudes through the roof is the condo association responsibility.

There is a door going from the common area to the exclusive common element of a roof deck for one of the unit owners. Also the utility room has another door going from one of the units to the utility room. These two door I am interpreting that as each unit owner's doors and that is their responsibility.

Thanks in advance for the assistance. Just wanted second opinions on what I stated is correct or not.

I would first look at the description and boundaries of a condo unit. Can you quote that section from your master deed?

Also the description of limited common elements.

VII. OWNERSHIP OF CONDOMINIUM UNITS, MAINTENANCE AND ALTERATIONS

C. BOUNDARIES - Each unit shall be bound as to both horizontal and vertical boundaries as shown in the attached floor plans (Exhibit B) subject to such encroachments as are contained in the building whether the same exist now or are created by construction, settlement or movement of the building or
permisible repairs, reconstruction or alterations. Each unit shall include that part of the building which lies within the boundaries of the unit, which shall be that area of space which is contained within the undecorated or unfinished, exposed interior surface of the perimeter walls, floors and ceilings of the unit.

D. APPURTENANCES - The ownership of each condominium unit shall include, and there shall pass with each condominium unit as appurtenances thereto, whether or not separately described, all of the rights, title and interest of a unit owner in the Condominium property which shall include, but not be limited to, the following;

1. LIMITED COMMON ELEMENTS. The exclusive right to use the common elements designated herein as Limited Common Elements and herby set aside and reserved for the exclusive use of the unit appurtenant thereto. The Limited Common Elements so set aside and received are the following portions of the Condominium property:
a) Unit 1 shall have exclusive of backyard, the backyard deck, the patio adjoining the basement level along with the driveway.
b) Units 2 and 3 shall have exclusive use of assigned roof decks.

In rereading the condo docs I think if a unit door opens to their own exclusive common element the door is their responsibility. The door that goes from the common stairwell to the exclusive common element roof deck of one of the units I am now thinking is the association responsible? The association is responsible for the maintenance, repair and replacement equally by all owners for the exclusive common element. This equal by all owners was established in other thread I opened up some time ago.

This is what I was looking for. The boundaries of the unit are the interior surfaces of the perimeter walls and ceiling. This is often called "the paint in." The unit owner owns the paint (or wallpaper, etc) on the perimeter walls and ceiling, but the unit owner does not actually own the perimeter walls and ceiling, which are common elements.

I think it is reasonable to extend these boundaries onto the windows and doors, meaning the unit owner owns and maintains the interior surfaces, but the windows and doors themselves, due to their location embedded in the common element walls, are outside of the boundaries of the unit and are common elements to be maintained by the association. Just my opinion given the lack of specification in your documents.

It would be good to amend your documents sometime to clarify the issue.

Our multistory personal condo units' glass panes & interior metal window frames are owners' responsibility to repair & replace, which work can be done from the interior*. I can't think of any reason why my HOA should be responsible for 7,000 glass panes that belong to individual owners.

Here's our CC&R. Sect.: "8.1.1. (c) Windows enclosing an Owner's Unit, frames and tracks, hardware, interior caulking and other interior waterproofing and exterior screens of glass doors and windows, if any, except that the Association shall clean the exterior of any windows bordering any Residential Unit which are not lo-
cated or bordering an Exclusive Use Balcony Area, Exclusive Use Patio Area and Exclusive Use Deck Area [ i.e., that residents cannot reach]."

Each unit has a door entering it from a common area: Our restated CC&Rs, ('22) added a Maintenance Matrix, which directs readers to the actual CC&R, so here's what it says: "6. Exterior surface of front Doors on the exterior boundaries of a Residential Unit. CC&Rs: 8.3.1(d)." HOA to paint, repair, maintain.

"7. Replacement/Repair of front door, i.e., door to enter the Unit, on the exterior boundaries of a Residential Unit, including hardware, lock, weather stripping, etc.
CC&Rs: 8.3.1(d)." HOA obligation basically because any non-resident could run their luggage cart into it, or self, etc.

We owners are completely responsible for the interior of our front doors:" 5. Interior surface of front Doors on the exterior boundaries of a Residential Unit. CC&Rs: 8.1.1(d)"

Given the reasoning used by our developer and kept by owners with their votes to restate our CC&Rs, it I'd say that in cases that a door that's in a common area that a resident must use to access their personal space or exclusive use common area, the HOA maintains, replaces etc. the common area door & door surface. The owner maintains, repairs, etc. the interior side of the door.

WHAT is your common area, Gregory? any entry way? Anyway, its elements are available to every unit so every owner shares in their paint, repair, replacement. They should be in your reserve study.

Does your deed restriction say WHO is responsible to maintain, or repair or replace those items that are limited common elements? Is there something in your reserves ted?

hi all,

I think I am getting closer. Since the NJCA (New Jersey Condominium Association law) does not have windows I found case law about this. An association sued a developer over defective windows. In a nutshell the court felt the condo assn was in the right in regard to the windows to the common areas. Since the condo docs and NJCA does not call out windows it is the unit's responsibility. So the condo assn could not win on individual units windows against the developer.

Belmont Condo assn vs Geibel.

https://www.lexology.com/library/detail.aspx?g=3744900e-0281-49e3-8c66-a5d74ab8b9c8

"However, the Appellate Division held that the association lacked standing to sue for damages to the individual units because the NJCA only vests it with authority to sue or be sued in connection with damages to common elements. In Belmont, the damages associated with individual units all related to the windows, which the Appellate Division held were “personal to the unit owners,” and therefore not part of the Belmont’s common elements. On this point, the Appellate Division reviewed the definition of common elements contained in both the NJCA and the master deed for the Belmont, neither of which identified windows as common elements. Once the Appellate Division concluded that the windows were unit elements, not common elements, its decision on standing was a simple one because it had already concluded that an association has standing to sue for damage to common elements, but lacks standing to sue for unit elements."

hi the link I posted was not working. Here is another link to the court case.

https://www.liebermanblecher.com/2013/07/31/nj-appellate-division-addresses-condo-associations-developers-lawsuites/

Dean I agree with all the items that you have mentioned. Skylights I will bring up separately. My initial posting supported the same thing but it was based on assumption and what another much larger condo assn that I lived in was doing. I needed something stronger to go on.

Skylights are not mentioned in the condo docs and also not mentioned in the NJ condo law. I am viewing that as equivalent to a window not physically but as an item that is "absent" or not mentioned. I think each state will interpret the skylight differently. The skylight is specific to only one unit and no other unit has one. The other skylight is in the common area which means condo assn responsibility. I can see the skylight being interpreted as a roof. What we have done in the past when there is roof work we had the roofer use roofing silicone to ensure the seal was done correctly around the skylight and the roof.