HOA - Skylights are common elements or limited common elements, [pa] [condo]
Location: Pennsylvania - Condo HOA - Condo board recently changed skylights to a limited common element based on the PA Uniform Condo Act stating windows serve the purpose of that unit thusly is a limited common element. I’ve argued windows and skylights are different and the skylight is part of the roof system. Sure the window allows light in, but the surface protects all units below it.
I’ve checked the CCRs and there is no mention of skylights and the window portion only comes from the condo act. We do have precedent set by the board that repairs have been performed and skylights have been replaced as no other board has wanted to touch this item due to it not being clear.
In my opinion with them setting legal precedent of paying for repairs/replacement since the building and association was established and that it was developer installed they dont have sufficient legal standing. Their attorney sided with them of course, but i feel like they framed it as such to get their sign-off. Also i don’t believe anyone will challenge them.
Section 3202 (2) and (4) of the Act – Unit Boundaries are really all that impacts this issue. They are as follows:
o (2) If any chute, flue, duct, wire, conduit, bearing wall, bearing column or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.
o (4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.
My opinion is based on item 2 and 4…sure it’s transparent like a horizontal window so you win that argument condo board, but it’s designed different to handle higher loads and elements and the surface serves the purpose of more than one unit.
Any opinions on this matter if skylights should be common elements so repairs, replacement and maintenance should be association responsibility?
I’m in the process of getting legal representation and getting a consult as I feel they are not legal and this is a slippery slope to move costs to owners.
I’m hoping Reddit community can come through with opinions and suggestions on this matter