Who’s responsible for condo window repairs post-Irma?
STUART, Fla. – April 27, 2018 – Question: Prior to Hurricane Irma, our condominium windows never leaked. We did not have any issues during the winter, but recent rains have shown some moisture and leaks around the windows. Who is responsible for making these repairs? – P.T., Stuart
Answer: This is a good question because even though the windows sustained any impact by debris, the window, framing and related components weren't able to survive the pressure changes associated with high winds.
The general rule is that the condominium association repairs and replaces property damaged by a hurricane that is insured by the condominium association. Florida law today generally requires the condominium association to insure windows. Thus, the critical question is whether the leaks are the result of damage caused by a hurricane event.
Because most Board members and most owners are not structural engineers, you should consult with a professional to determine whether this is even plausible. If the answer is yes, the windows were damaged by a hurricane, then the Association would likely be responsible to make the appropriate repairs to the window and you would be responsible to repair and replace the paint, window coverings, floor coverings, and other property insured by the unit owner.
If the answer is no, and the window issues are caused by normal wear and tear, then you would need to analyze your specific declaration of condominium to allocate responsibility to maintain, repair and replace the windows. If this document indicates that the unit owners are responsible to maintain, repair and replace windows, you may ultimately be responsible.
Question: We have a Director that routinely objects to the Association's reserve study and wants to discuss the reserve study. The other Directors are comfortable with the professional that prepared the study and the recommendations. This Director routinely requests it be added to the agenda. What are the rights here? – A.D., Hutchinson Island