Who is Responsible for Windows in a Condo?

A condominium is a type of property managed by a condominium owners association (COA). The general principle of a condominium is that the condominium owner handles the “exclusive elements,” while the association manages the “common elements.”

Condos and COAs, unlike other homes and homeowners associations, are governed by Chapter 138A of the Massachusetts State Code. This statute outlines the requirement for a “master deed” of the condominium that lists, among other things, the common elements the COA is responsible for.

While some common elements are obvious, such as community grounds, parks, and landscaping, other elements that are part of the condominium’s outward infrastructure but are mostly enjoyed exclusively by one owner, such as doors and windows, can be tricky to classify. This article will look specifically at windows in condominiums and who bears responsibility for their upkeep.

Generally, all repair and maintenance works in common or shared areas of the condo are within the COA’s care. The condo owner typically repairs those in their private spaces. In other instances, third parties like strangers and general contractors may be held liable if the damage could be attributed to their wrongdoing. 

One of the primary purposes of the COA’s bylaws is to define the common areas to ensure clarity. However, disputes may arise interpreting the provisions of the documents, necessitating the need to seek legal remedies in court.

Are Windows Considered a Common Maintenance Area in Condos?

Generally, windows on the condo unit’s exterior walls are usually classified as a type of “exclusive common element.” This means the outside part of the window may be the responsibility of the COA, while the inside portion of the window is typically the responsibility of the condo owner, as the condo owner exclusively benefits from that particular window.

Windows located in a condo’s common areas, such as a lobby or breakroom, will fall under the responsibility of the COA — unless it can be shown that a particular unit owner is responsible for their damage. In comparison, windows located solely in the private or internal areas of the condo unit are generally considered to be the responsibility of condominium owners.

Common maintenance or shared areas may include corridors, hallways, stairs, and laundry facilities. Depending on the property’s design, patios and balconies may also qualify as common or shared areas. If you’re unsure which parts of the condominium are shared or private, you may find out from the property manager or someone acting in a similar capacity for clarification.

A good place to start in order to understand how windows are covered by the COA is to look at the COA’s documents. For example, the COA master deed or bylaws may define what a common maintenance area is and allocate responsibilities for repairs and replacements on the property, regardless of their location. In that case, those stipulations generally apply. It is essential to review all relevant documents when purchasing a unit. That way, you can avoid any surprises in the future.

Should the Condo Association Pay for Exterior Window Cleaning?

For stand-alone (detached) condos, the condo owner is almost always responsible for exterior window cleaning. For high-rise condos, the COA should pay for exterior window cleaning, but the COA bylaws may pass the expense on to the condo owner. The general rule applies when the COA rules are silent on this topic or fail to specify which windows form part of the common areas.

Who Pays for Condo Window Leaks?

The person responsible for paying for leaks in a condo window depends on many factors. For example, the COA declaration may allocate the expense to the condo owner, COA, or both. Otherwise, the COA will pay for window leaks in the condo’s common areas while the condo owner caters to those in the private spaces.

The person who caused the leakage could also be responsible for the repair or replacement. For instance, if the leak occurred due to the general contractor’s negligence, they may be liable to cater to the repair or replacement. In that case, the COA or condo manager will typically have the legal capacity to make a claim. The condo owner could also incur the repair cost if responsible for the damage. The same applies to the COA, where they fail to maintain the property or third parties who act negligently or intentionally.

The insurance company may incur the cost when the COA insures the property against that damage. For example, damage to windows from natural disasters is usually insured by the COA’s insurance policy. As insurance claims aren’t automatic, you should check in with your COA to see what kind of repairs or damages their insurance may cover.

Who Is Responsible for Replacing Windows in a High-Rise Condo?

The COA regulation is an excellent starting point for knowing who is responsible for replacing windows in a high-rise condo. However, where the COA rules are silent, it’s likely the COA bare the replacement cost, considering the risk and expense associated with high-rise condos.

Do You Need an Attorney for Your COA Disputes?

You should first try to solve a dispute with your COA by reviewing your COA documents and bringing up your concerns with the COA directly. Solving your problem informally is often quicker and less expensive. However, if you can’t solve your issue with the COA informally, legal action may be necessary. When this is the case, you should trust an attorney who is familiar with condominium law.

Lawyers have the experience to provide the necessary advice or representation in court. For example, a condo law attorney can assess your case to determine who is responsible for the property’s maintenance, repair, or replacement of windows. They can also help you resolve your condo disputes by negotiating with the COA or helping through litigation. 

How an Attorney From Calabrese Law Associates Can Help

Condo cases are complex, especially because the value of your claim will often depend on the specific circumstances of your case, and the language in your COA’s documents. The decision to pursue a claim against your COA also requires you to understand general Massachusetts condominium law and the condo bylaws before taking any steps. 

Calabrese Law Associates has a team of dedicated and experienced condo law attorneys ready to assist with your legal needs. Some of our most recent cases have involved COA disputes and the preparation of condo master deeds, placing us in a position to understand your needs, no matter how peculiar they are. Contact us now to learn more!

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This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.