Window-washing problem calls for clarity of rules
Question: Three years ago, I bought a top-floor condo in a 20-story building at the beach facing the ocean. At the time, the windows and glass balconies were sparkling clean and well looked after. Since then, the homeowner association has failed to take care of the upkeep, and the glass is stained by saltwater deposits, obstructing the ocean views. I’ve regularly raised this problem at meetings, but the board never addresses my concerns. I asked the property manager to assist in getting the proper cleaning, and he told me it’s my responsibility. When I finally decided to hire a reputable company to clean my balcony windows, a board member told me I needed the board’s permission. The board denied my request, saying it would be a liability to the association. They also said if they cleaned my windows, they would have to clean everyone’s windows and impose a special assessment to cover the ongoing cleaning. I want the view I paid for. What do I have to do to get them to either clean my windows or allow my contractor to clean them?
Answer: Titleholders are typically responsible for maintaining their own “exclusive use” common property areas. Read your association’s governing documents and declaration of covenants, conditions and restrictions (CC&Rs;) to determine whether the windows and glass balconies in your project are deemed “exclusive use common area.” The Davis-Stirling Act defines exclusive use common area as that “portion of the common areas designated by the declaration for the exclusive use of one or more, but fewer than all, of the owners of the separate interests and which is or will be appurtenant to the separate interest or interests.”
Unless the CC&Rs; provide otherwise, windows and glass balconies that are designed to serve a single separate interest but are located outside the boundaries of the separate interest are considered exclusive use common areas allocated exclusively to that owner’s interest. In other words, in conjunction with the Davis-Stirling Act and depending on the specificity of your governing documents, you may have the obligation to clean your own windows.
Because your building is a high-rise, the governing documents may include a specific reference pertaining to owner obligation for maintaining windows and glass balconies. If so, that provision would govern what individual unit owners can and cannot do with regard to their windows and balconies. Those provisions can be enforced by the association and/or the titleholder.
If the governing documents make reference to a view, then you are entitled to enforce that provision. It would be in the best interests of the association for both parties to clear up questions of responsibility quickly.
Should the association refuse to perform its obligations, an owner can file a Small Claims Court action against the association by requesting an order that the windows be cleaned and the view restored.
Before filing in Small Claims Court, be thoroughly prepared. Obtain copies of the board meeting minutes, resolutions the board may have passed pertaining to windows and balconies, the association’s CC&Rs; and all relevant correspondence to and from the board and/or the management company representatives. Obtain at least three estimates from independent contractors for cleaning the specified area.
Your association’s pro forma budget distributed to all titleholders should contain a line item for exterior window and balcony maintenance, especially if it is mandated as an association obligation in the CC&Rs.; The board’s failure to perform cannot be excused as the money for this is generated through the collection of monthly assessments or dues.
In this situation, the only foreseeable “liability” to the association would be the board’s failure to act. Whether that means you may act in its stead will depend on what you find in your association’s documents.
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Send questions to P.O. Box 11843, Marina del Rey, CA 90295, or e-mail noexit@mindspring.com.
