Subject: Request for legal opinion — Is a skylight a "window" (Owner) or Association/Common Area responsibility?
Hi [Attorney Name],
Please provide a brief written opinion on whether our HOA should treat a homeowner's skylight as a window (thereby the Owner's responsibility) or instead as part of the roof/structural/Common Area (Association responsibility).
Background and governing text
- The Declaration assigns maintenance to Owners for "all portions of his Unit, including the windows" — see the Declaration (Section 2.09), p. 22.
- Our internal Maintenance Matrix lists windows as an Owner maintenance/repair responsibility — see Maintenance Matrix, p. 6.
Issue and ambiguity
The CC&Rs explicitly make windows the Owner's responsibility, but they do not define "skylight." That creates ambiguity whether a skylight is properly characterized as a "window" (unit owner) or as a roof/structural or common element (Association).
Questions for your opinion
- Based on the Declaration language and any applicable authority, do you conclude a skylight should be treated as a window (Owner responsibility) or as part of the roof/structure/Common Area (Association responsibility)? Please state the basis for your conclusion.
- Are there common legal tests or recorded-plan principles (e.g., whether the skylight lies within the Unit per the Condominium Plan or is within Restricted/Common Areas) we should apply?
- If the documents are ambiguous, what is the recommended Board process to obtain a defensible determination (e.g., Architectural Committee determination, inspection report, amendment, recorded clarification)?
- Any insurance/subrogation considerations or recommended language for a Board determination letter to the Owner?
If you need additional documents (Condominium Plan, photos, inspection report, or unit-specific exhibits), please list them.
Requested timing
Please provide your written opinion by close of business in 10 calendar days (by [insert date 10 days from today]) if possible.
Attachments I can provide on request
Condominium Plan/plat, photos of the skylight, inspection report, maintenance request, and any prior Board/AC correspondence.
Thanks — appreciate a concise memo the Board can rely on.
[Your name], LCAM
Skyview Heights — Board Support/Management