Owner May Have to Pay for New Windows
Question: I live in and own a townhouse in Lakewood. My neighbor has a handbook regarding laws or rules governing common interest developments in California, and it says the association pays for repairs to windows, chimneys, roofs and the like.
The sliding doors and windows in my townhouse are cheap, rusted and drafty. There are openings at the bottoms of all windows where the rain and wind comes in. I asked the board about this defect and the board said it was “for drainage” when it rains.
My 14-foot-high entryway window must be replaced because of leaks, and I want to have all the leaky, rusty and drafty windows replaced. But it is unclear if I have to pay for these replacements or if the homeowners association does.
I do have a copy of the covenants, conditions and restrictions, but I don’t understand them. I’d just like someone to answer this question in plain layman’s terms.
What are the rules in California regarding windows in condo and townhouse complexes?
Answer: Law governing common interest developments in California can be found in the Davis-Stirling Act and a variety of applicable codes. Your neighbor’s handbook probably outlines “general rules” regarding association responsibility for maintenance and repairs.
Because you live in a common interest development, you have additional rules (not law) that you may have to abide by, and those rules are usually found in your covenants, conditions and restrictions and in bylaws.
You must read and reread these documents. If you still don’t understand them, consider seeing an attorney for a free consultation. Law school legal clinics may also be helpful.
Though there are always exceptions, the basic general rule is that everything outside the unit (that means from the walls of your unit outward to encompass the entire building) is the responsibility of the association and that everything from the surface of the inside walls in is the responsibility of the homeowner.
Section 1351 (i)(1) of the Davis-Stirling Act says that “unless the declaration otherwise provides, any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, exterior doors, door frames, and hardware incident thereto, screens and windows or other fixtures designed to serve a single separate interest, but located outside the boundaries of the separate interest, are exclusive use common areas allocated exclusively to that separate interest.”
That means you may be responsible for the leaks and any maintenance that is required for the windows.
If you want to replace them, the act says the cost of doing that rests with the homeowner.
Windows themselves are not what causes consternation between homeowner and association unless an owner wants replacement windows that are of a new style. If this is the case, or if an owner wants to change a door, add a skylight, put in a new window where none existed before, the association may require prior approval. Some associations may require the owner to assume responsibility “forever” for the work, and some require the owner to record a notice of the change and homeowner liability.
Just as each development differs from the next, so do the insurance policies that cover them. If you do not have a copy of your homeowners association’s insurance policy, request one in writing.
Next, ask your board for the procedure in filing an insurance claim. If the board refuses to allow you to file a claim, or if your claim has been denied by the association’s insurance carrier, be certain to get the denials in writing. Should it turn out that your position is correct, you may be able to use the written denials to recover the money spent to correct the problem.
Take that denial and go to the association’s insurance company for an explanation. We are aware of some cases where a board denied any liability without even asking its insurance company, only to have the insurance company pay the homeowner on the claim.
Fear that insurance premiums might increase may make boards act in a manner detrimental to the interests of both the homeowner and the property whose value the board is charged with preserving or improving.
Check your individual homeowner’s insurance policy to see if the leak is covered, and if not, perhaps the damage caused by the leak is covered.
Always save documents from the association. Check the prior minutes from your association’s board meetings for any indication of whether it has paid to repair similar leaks in other units. If it has, it may be obligated to pay for similar repairs for you.
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Stephen Glassman is a writer and an attorney in private practice specializing in corporate and business law. Donie Vanitzian has a law degree and is an arbitrator. Both live in common interest developments and have served on various association boards. Please send questions to: Common Interest Living, P.O. Box 451278, Los Angeles, CA 90045 or e-mail your queries to: CIDCommonSense@aol.com.
