Question:
My condo is in a building that was constructed in 1965. The original windows and patio glass doors remain. The glass is not shatter proof, which is not compliant with California law. My bedroom window has mold growing on the sill. The window frame is not properly seated. Although I have an email from the HOA manager stating that the board is now responsible for replacing windows and fixing balconies, the manager said the HOA is not responsible for replacing my windows. My insurance policy doesn’t cover anything damaged by water.
In this situation, am I responsible for safely replacing windows considering the presence of mold? The windows are nearly 60 years old.
– Michelle
Answer:
Hi Michelle,
According to the Davis-Stirling Common Interest Development Act Section 4775(a), the HOA is responsible for common areas while residents are responsible for separate interests. However, this is subject to the provisions of the governing documents. Kindly review them to see who is responsible for maintaining, repairing, and replacing the windows. You may also clarify the letter with the HOA manager. The letter may be pertaining to windows and balconies that are part of the common areas.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
