Q: The window in my condominium never leaked before Hurricane Irma. This past summer, I noticed water inside the window on a number of occasions, but never enough water to cause a problem. The Association is saying I am responsible to fix this. Who is responsible?
-HT, Bonita Springs
A: The threshold question is whether the window was damaged by the hurricane. Assuming you could demonstrate that the window was damaged by Hurricane Irma, then the statute provides that the Association is responsible to repair and replace the window. This is because the Association insures your windows and the Association is largely responsible to repair and replace property insured by the Association.
If the window was damaged prior to the hurricane, it is necessary to review your condominium documents. If the condominium documents provide that unit owners are responsible to repair and replace windows, then you as the unit owner would be responsible for the repair. If the condominium documents provide that the Association is responsible to repair and replace windows, then the Association is responsible for the repair.
Of course there are a few exceptions which require greater discussion, but the Association will be responsible to repair windows when the windows are damaged by a hurricane and the condominium documents will dictate responsibility when caused by normal wear and tear or other non-casualty losses.
