Does Florida law require condo association to replace windows?
Because the windows are part of the exterior building, doesn’t Florida law require the association to replace the windows? (S.R, via e-mail) A: The Florida Condominium Act does not specifically address whether the association or the individual unit owners are responsible to maintain, repair, and replace windows.
Who is responsible for replacing the windows in a condo?
For condo owners, the insurance is a shared commodity between everyone in the condominium unit and the association is responsible for choosing the right coverage for your home. Your windows should be replaced with the agreement of the condo association that protects homeowners from natural disasters.
Can an owner change Windows without approval from the condo board?
Can an owner change windows without approval from the Condo Board? Our CCRs says that the owner is only responsible for the glass, and on Board Repair and Maintain Section says that the board is responsible for all external surfaces but nothing specific on windows frames, and our Rules and Regs, says no modifications to external surfaces.
Are windows the responsibility of the Association or the individual owner?
Therefore, whether the windows are the responsibility of the association or the individual unit owners will depend on whether the windows are part of the units or part of the common elements (and if a limited common element) and how the declaration assigns the maintenance responsibility.
Can condo owner change windows?
The first is that board approval is required for any window or door that can be seen from a common area (ie. outside or from a common hallway). Adjusting these elements without approval from your condo board could result in a fine or other penalties.
Who owns the doors and windows in a condo?
Answer: The Condominium Property Act states that all doors and windows of a unit that are located on interior walls of the unit are part of the unit unless otherwise stipulated in the condominium plan.
Who is responsible for windows in a condo in NYC?
Building owners are responsible for purchasing all window guards in common areas. For apartment units, building owners can charge a one-time fee per window guard but cannot charge for window guards previously installed in the apartment.
Who is responsible for windows in a condo in Ontario?
Under section 90 of the Condo Act, unit owners are responsible for maintaining their units (i.e. upkeep and repair after normal wear and tear) and condo corporations are responsible for maintaining the common elements (e.g. parking, gardens, hallways, elevators, amenities, etc.).
How often do housing associations have to replace windows?
A local authority or social housing landlord may replace windows across part or all of an estate every 20 years, sometimes sooner, as part of its capital budget plan.
Are condo corporations responsible for windows?
An entire window is a common element of a condominium unit and thus repairs or replacement are the condo corporation's responsibility, writes Gerry Hyman.
Are window screens required by law NYC?
New York City law requires landlords to install window guards in the apartment if the building has more than three units and if a child aged 10 or younger lives there. Landlords must also install window guards if the renter requests them for any other reason.
Who is responsible for pipes in condo walls New York?
The unit owner is generally responsible for all fixtures, appliances, and electrical and plumbing installations within the unit except if they are located in common elements and serve one or more units.
What are condominium common elements?
Limited common elements may include things that are directly connected to individual condominiums such as outer doors, windows, and balconies. They may also include amenities which service every community resident equally such as driveways, garages, elevators, clubhouses, swimming pools, and boat slips.
Who is responsible for balcony repairs?
Lease documents issued for properties like this should define the balcony as a part of the external structure of the building – with the repair and maintenance the responsibility of the landlord and management company.
What are my rights as a condo owner in Ontario?
The Rights Entitled to a Condo Owner The right to vote at owners' meetings. Elect board members. Review corporation records including minutes of the meetings, financial statements, and more. Request a meeting of the owners to discuss an issue.
What is the role of a condo board in Ontario?
Each condominium corporation across the Province of Ontario is governed by an owner-elected board of directors. The board is responsible for ensuring that the corporation complies with all aspects of the Condominium Act, 1998.
Are exterior windows common property?
If the doors and windows as part of the exterior of your buildings are common property, they remain common property.
What are condominium common elements?
Limited common elements may include things that are directly connected to individual condominiums such as outer doors, windows, and balconies. They may also include amenities which service every community resident equally such as driveways, garages, elevators, clubhouses, swimming pools, and boat slips.
What is the Florida Condominium Act?
A: The Florida Condominium Act does not specifically address whether the association or the individual unit owners are responsible to maintain, repair, and replace windows. Section 718.113 (1) of the Act states that the association is responsible to maintain the common elements.
Who is responsible for maintenance of windows?
Therefore, whether the windows are the responsibility of the association or the individual unit owners will depend on whether the windows are part of the units or part of the common elements (and if a limited common element) and how the declaration assigns the maintenance responsibility. In my experience, it is fairly common to see the maintenance responsibility for windows and sliding glass doors placed upon unit owners rather than the association.
Do condominiums require owners to approve budget?
However, it is not uncommon, particularly in older condominium documents, to see a requirement that the owners also approve the budget. In my opinion, such a provision is not at odds with the statute and would be enforceable. However, I do not believe such clauses are desirable for a variety of reasons.
Does the Florida Condominium Act address the issue of condominiums?
A: As with many community association legal issues, the answer will be depend on the language of your condominium documents. The Florida Condominium Act does not specifically address the issue.
Can you install impact glass on a charge back basis?
When the declaration requires the unit owners to maintain, repair, and replace windows, the current version of the statute also contains a procedure for the association, after majority vote of the owners, to install impact glass on a charge-back basis to the owners. Owners with compliant hurricane protection are excused from the assessment through credits. This provision of the statute is rather ambiguous and presents many technical legal issues, so a competent attorney should be consulted if this procedure is undertaken.
Is the association responsible for insuring windows?
It is also important to note that the responsibility to insure windows and sliding glass door rests with the association as a matter of state law and cannot be altered through the condominium documents. Likewise, if the windows or sliders are damaged by an “insurable event,” such as a hurricane, the association is likewise responsible for repair or replacement of the windows as a “repair after casualty” at the expense of all owners, unless the association has “opted out” of that statute or if the statute is deemed inapplicable for constitutional reasons.
What are the parts of a condo?
A condominium consists of three parts: common elements, limited common elements (areas such as balconies and patios that are outside of the unit but not accessible to all owners) and units. They are defined in the legal document called the declaration. In some associations, windows are part of the common element and in others they are units. I reviewed one condo declaration where the inside of the window was a unit while the outside was a common element.
Can a unit owner pay for work done?
Each unit owner can make arrangements with the contractor and pay directly for the work. Alternatively, some associations have made arrangements to have the work done and then specially assess each owner for their share of the work. All this has to be vetted by the association's legal counsel.
Can a condo board find a window contractor?
The condo board can find a window contractor and get a per-unit price. Each unit owner can make arrangements with the contractor and pay directly for the work. (KAMIL KRZACZYNSKI / Chicago Tribune)
What is a mediation in condos?
Mediation under the Condominium Act is only available in regard to a disagreement between a unit owner and the corporation if the disagreement relates to the declaration, bylaws or rules. A mediator does not make a decision, but acts as a conciliator to assist the parties in resolving their disagreement. If the mediation does not produce ...
What is a declaration for a highrise condominium?
A declaration for a highrise condominium invariably provides that the unit boundary is the interior surface of windows. That means that the entire window — whether it is a single pane or a double pane — is a common element. Necessary repairs or replacement of a broken pane is the obligation of the corporation.
What happens if a mediation does not produce a resolution?
If the mediation does not produce a resolution, the disagreement immediately proceeds to arbitration and the arbitrator makes a binding decision. A disagreement relating to an alleged failure of a corporation to carry out necessary common element repairs does not relate to the declaration, bylaws or rules but to the Condominium Act.
Can you vote at a condo meeting?
The Condominium Act provides that a vote at an owners’ meeting may be made personally or by proxy. The purpose of allowing an owner to appoint a proxy is to allow an owner who will not attend an owners’ meeting to instruct someone else to attend and vote on the owner’s behalf.
Is window repair or replacement condo corporation?
Window repair or replacement is the condo corporation’s responsibility. A window in our unit cracked. The property manager advised that the replacement is my responsibility because the cracked pane is the interior of the two-pane window.
Can a condominium owner request mediation?
An owner cannot require mediation of that disagreement but must initiate a court action in an attempt to obtain a compliance order against the corporation, pursuant to Section 134 of the Condominium Act. Prior to the end of their terms, board members in our condominium go door-to-door obtaining proxies.
What If I’ve Informed My Condo Board About a Damaged Door or Window And They Haven’t Responded?
Since your board (or management company) is responsible for this aspect of condo building exterior maintenance, they will be liable for any damages that result from a failure to repair the window or door in question.
What if I want to change/replace a window or door that’s within my unit?
There are a couple stipulations tenants should consider before replacing or altering windows or doors. The first is that board approval is required for any window or door that can be seen from a common area (ie. outside or from a common hallway). Adjusting these elements without approval from your condo board could result in a fine or other penalties.
Does This Mean I Never Have to Worry About Damaged Windows or Doors?
Not exactly. Individual unit owners can still be responsible for replacing door screens, window screens, hardware, weather stripping, and other elements.
Why do we depend on windows and doors?
Then we become painfully aware of how much we depend on them to prevent unauthorized individuals from entering our building or to shield us from harsh weather.
Are Windows and Doors Considered Common Elements in Condominiums?
For the most part, yes. The Alberta Condominium Property Act states that all windows and doors located on the exterior walls of a unit are the responsibility of the condo board— even if the windows and doors are solely used by the unit in question.
Who is going to fix this?
“ Who is going to fix this ?” and “ Who is going to pay for this ?” These are common questions facing unit owners and associations when condominium or community association property needs repair. The answer will most likely be found in the association’s declarations, which typically describe the boundaries of each unit. But sometimes the declarations fail to adequately describe those boundaries; and the fine line delineating who is obligated to repair becomes indiscernible and worse, debatable. This is especially true when describing windows, doors, sliders and skylights within the condominium or community association unit. Because the materials used are exposed to both the inside and outside of each unit; the association’s declarations must be very clear where the unit owner’s interest begins, and also where it ends. This post provides a brief overview of the Florida condominium association’s obligation to repair windows and maintain common areas under Florida law.
What is the purpose of a condominium declaration?
At a minimum, the condominium association or community association should create a chart of responsibility to provide guidance as to who is responsible for maintenance and repair.
Are Windows Considered Common Areas?
When drafting condo declarations, careful consideration must be given as to whether the windows in the unit are described as common elements. The defining of condominium property is significant: the association is responsible for the maintenance of the common elements. See Fla. Stat. 718.113 (1). Section 718.108 (1) (d), Florida Statutes, defines “common elements” as “the condominium property which is not included within the units.” But this designation is dangerously broad in the context of window repairs—specifically, whether windows are part of the interior or the exterior of the unit. In the absence of such a clear demarcation, windows may still be “common elements,” as windows are arguably not within the individual unit under the statutory definition. Id.
