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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111467
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Is an original installed windowed doorwall that leaks water

Customer Question

Is an original installed windowed doorwall that leaks water into a unit the responsibility of the HOA, or the unit owner? This is a passive double doorwall.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What state are you in? Most states laws say that the bylaws and CC&R control what repairs are the responsibility of the homeowner and what repairs are the responsibility of the HOA, so have you looked at those documents yet?
Expert:  Law Educator, Esq. replied 10 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The only legal answer to this is that it depends on the bylaws and declarations of the association, since those are where you locate information about liability of the association for repairs. Typically wesee windows in bylaws as going both ways, either liability of the owner or liability of the association and the statutes do not specify anything about it. Thus, you need to look to your association bylaws and covenants, but if they are slilent then they are the liability of the unit owner, since they are part of that unit.

Customer: replied 10 months ago.
Just the nonsense I expected. More charges for me to find my own answer; unbelievable! Take your "deposit and go.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
It is not "nonsense" just because it is not what you wanted to hear. I have not "taken" anything from you and your deposit is fully refundable by contacting customer service at***@******.***
Next, if you would do what I asked and refer to your bylaws and tell me how they define your common elements, then I could answer you, because state law says your bylaws and covenants dictate what the HOA has to cover in this type of situation. I cannot change that law, nor can I change your bylaws, but I would still be more than happy to assist if you would provide me the information you did not provide me that is necessary for me to answer you.

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