Am I Responsible for a Leaky Condominium Window?

By June 9, 2019 July 1st, 2019 Condo & HOA Law, Treasure Coast Palm

Q: My window is leaking water into my condominium unit and the Association is claiming that it is my responsibility. I live on the 5th floor. How am I supposed to be responsible for windows?

H.B., Treasure Coast

A:  Even though the condominium association most likely insures your windows, that does not mean that the Association is responsible for routine repair, replacement and maintenance of the windows.  To answer this question, you need to review your Declaration of Condominium.  That document should describe whether the window is part of your unit or a common element, and it should also specifically state who is responsible for these repairs.  Thus, I understand the practical implications of having owners responsible for windows in a mid-rise or high-rise condominium, but the Declaration is the contract which governs this issue.  I would recommend having the document reviewed by a Florida licensed attorney to confirm the delegation of window responsibility.

 


John C. Goede Esq. is co-founder and shareholder of the Law firm Goede, Adamczyk, DeBoest & Cross, PLLC.  T o ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com.  The information provided herein is for informational purposes only and should not be construed as legal advice.  The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our attorneys.  Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein.  The hiring of an attorney is a decision that should not be based solely on advertisements or this column.

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