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Who is responsible for condo association unit's broken window?

  
  
  
  
  
I live in a condo/townhouse that was vandalized. "Broken outside Glass". The public offering statement indicates that the Condo Association is responsible for vandalism. The property management company indicates that they are not responsible for routine maintance. I asked the property manager to put the board on notice. What can I do to get this resolved if the Board and Condo Association refuse to pay. I have all my facts listed in the publication. What type of legal filing would this fall under? Since the attorney fees come from my association fees it seems as though I am going to sue myself. Help can someone provide me with some guidance.

Comments

Typically there is no deductable on your or the assocaition's insurance policy for broken windows. Call your insurnace company and the association agent to see if it is covered.
Posted @ Saturday, September 18, 2010 8:36 AM by Mark Benson
It is most usualthat window maintenance is a responsibility of the condominium association. The bylaws usually contain this dictate.Lacking a clear policy statement in this regard in your documentsresent a challenge to you. Unfortunatgely when a unit owner sues he is in effect payingf for the oposing lawyer a(i.e. the condo attorney) as well as absorbing the cost of his legal councel. Even if you win it is partly your money (condo fees) that shall pay to do the repairs.I cannot comment on your reference to the offering documents.
Posted @ Saturday, September 18, 2010 8:39 AM by Charles Adler
Our condo association replaced all of the windows about 7 years ago (before I moved here). But according to MY by-laws a patio door and glass would be the responsibility of the condo assoc to fix if it got broken. But if a member decides to change the patio door to up-graded they will no longer cover it unless t is the same exact patio door.. Now the windows that were replaced they are not responsibile for replacement if the glass gets broken. Your insurance company may pay for it but it is not the responsibility of the assoc to replace broken glass. Now if the window were to fall out and got deytroyed, then I would have to say that would be up for questioning. 
 
People think that the HOA and Assoc must pay for everything. It does not work that way although it would be nice. 
 
So the answer to your question if you lived in my assoc, would be NO. 
 
So call your insurance agent of which you will have a deducible, or go to your hardware store and buy a piece of glass and pop it in. There is really no fight here. Best wishes
Posted @ Saturday, September 18, 2010 11:16 AM by s
Responsibility for window and patio door maintenance can be defined in the bylaws. In my condo that maintenance falls to the condominium itself. We've had voluntary window and patio door replacement programs with all replacement windows and doors being required to meet a bylaw restriction that prevents changing the ouside appearance of the buildings. Although each unit owner who chose to participate paid for his own replacements he signed a document transferring owenership of same to the association and in thurn the association signed accepting the maintenance responsibility. Just cited this as an example-each condo has its own rules and you have to read and understand them.
Posted @ Saturday, September 18, 2010 12:45 PM by Charles Adler
I live in a Condo. Each Unit has 2 parking spaces. If you have 2 cars you are supposed to T off the 3rd one. Well the unit next to mine has only 1 car. We were T'd off but the other Unit onwer claims we were 2 inches over the line on her spot and we were fined $10. On another occasion there was a BLACK car in her spot and they sent me a $10 fine with even asking if the black car belonged to anyone in my unit which it did not. They Property Management Company then had a Contractor leave his vehicle overnight in one of my parking spots leaving me no place to park when i came home 2 days in a row. I complained and they said there is nothing they are gonna do cause its a contractor. I wanted to know why they fine me for parking in a spot but do nothing for someone doing the same to me. I then get mad and start looking for violations of condo rules. I file complaint about trash barrell on front proches that were not supposed to be and also about a car parked on the roadway between 12am-6am which according to there rules is a vilation and they send me a Legal Lette from an attorney with a $550 fine saying I am harrassing them. How is this possible and how can they get away with this? I can't park in someone spot but someone can park in mine? I can't complain about rule violations but others can? The rule violations from others eneded up being BOARD MEMBERS of the Condo Association. What can I do?
Posted @ Friday, February 25, 2011 9:00 PM by Mark
Also this Condo Assocaiton was fined $150,000 for violatinn the Fair Housing Act last year and the money was awarded to 6 families whom were harrassed cause there children were playing in common area and if its more than 2 children they consider it organized sport. The Condo Association Pres. took 45 pictures of little kids playing and sent fines from Attorneys for $600-$700 to these families...
Posted @ Friday, February 25, 2011 9:02 PM by Mark
I read something lately that Florida did in fact say 
the HOA is now responsible to replace all glass, and 
any repair needed to the windows etc.
Posted @ Friday, April 06, 2012 10:09 AM by Ed Ferreira
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