The condominium owners association (COA) typically manages “common areas and facilities” in a condo, while individual owners handle responsibilities tied to their own units. The distinction can become complex when it comes to windows.
Understanding Responsibility for Windows in a Condo
Unlike detached homes and homeowners associations, condos are governed by Chapter 183A of the Massachusetts General Laws, which outlines requirements for master deeds, common areas and facilities, and condominium governance.
To determine who is responsible for your condo windows, start with the master deed, declaration of trust, bylaws, and any maintenance rules that apply to your building. Unless the governing documents assign responsibility differently, the COA typically handles maintenance for common areas and facilities, such as lobby windows, while unit owners handle windows or interior features assigned to their units.
In some high-rise condominiums, exterior-facing windows may be classified as limited common areas and facilities. That classification can affect whether the COA, the unit owner, or both are responsible for maintenance.
Who Pays for Window Cleaning?
The bylaws or maintenance rules may assign window-cleaning costs differently from repair costs. For example, a COA may manage exterior cleaning in a high-rise, while unit owners may remain responsible for interior cleaning. For detached units, the governing documents may place both interior and exterior cleaning costs on the unit owner.
Condo Association vs Unit Owner Window Leak Liability
Window leak liability often depends on the cause of the leak, not just on where the window is located. For example, a contractor that installs windows incorrectly or a COA that neglects required maintenance may be responsible for resulting damage. If a condo owner damages a window in a common area, such as a laundry room, and that causes a leak, that owner may need to pay for repairs.
Are Condo Owners Responsible for Broken Windows in MA?
A condo owner or third party, such as a contractor, may be responsible for a broken window if their actions caused the damage, regardless of where the window is located. In cases where damage is caused by insured events, such as natural disasters or vandalism, the COA’s insurance or the condo owner’s policy may cover the damage.
Who Is Responsible for Condo Window Replacement in Massachusetts?
Responsibility for condo window replacement in Massachusetts often depends on why the window needs replacement. A planned building-wide project may be handled differently from a replacement required after damage caused by a unit owner, a contractor, or a storm. These cases may also affect the building exterior or the condominium’s reserve planning.
When To Seek Legal Advice for Condo Window Disputes in Massachusetts
If a window is damaged or needs replacement, start by reviewing COA documents, the master deed, and bylaws. Discuss your concerns with the COA and try to resolve disputes that way, since this may help resolve the issue more efficiently and cost-effectively than escalating the dispute.
If the COA is demanding payment and the documents do not clearly resolve the issue, an attorney familiar with condominium law can evaluate the master deed, bylaws, and maintenance rules and help pursue a negotiated resolution when possible.
Why Trust Us?
Calabrese Law Associates represents clients in condominium law matters involving COA disputes, master deeds, maintenance obligations, and property-related conflicts. Founding attorney Peter G. Calabrese has earned multiple Avvo Clients’ Choice Awards, while Calabrese Law Associates has received numerous five-star reviews from clients.
We understand that you are already worried about repair costs, so we look for ways to keep the representation focused, efficient, and mindful of your financial concerns. We return your phone calls promptly, explain complex legal concepts clearly, and keep you informed throughout the process.
Contact Us for a Condominium Law Consultation
Disputes over condo window replacement can become more complex when the issue involves several windows, interior damage, insurance coverage, or unclear maintenance rules. The attorneys at Calabrese Law Associates can review Massachusetts condo master deeds, interpret window maintenance rules, and help you evaluate negotiation or court options.
For condo window repair legal advice in the Greater Boston Area or in Massachusetts, schedule a consultation with Calabrese Law Associates. We’re pleased to explain your options and how we can help.
This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.
Attorney Advertising. Prior results do not guarantee a similar outcome.