Question:
One of the large fixed windows of our condominium (18th floor) broke in several places.
It was not caused by accidents, nor projectiles/debris. Based on the assessment of a window replacement company, the probable cause was a shift/movement of the building.
Based on comments from the building manager, it has never happened at this building before.
The building is 24 years old.
This window and its frame is an integral part of the building structure.
I was told by our HOA board that it is our responsibility to replace and pay for the replacement while my insurance broker indicated that since the probable cause is building shifting, it should be the HOA responsibility.
Can you offer me guidance or offer an opinion based on your expertise and according to the Condominium Act of Georgia
Thanks
– Jean
Answer:
Hi Jean,
According to the Georgia Condominium Act Section 44-3-105, unless otherwise stated in the governing documents, upkeep of the common elements (except limited common elements) are the association’s responsibility. Meanwhile, units and limited common elements are the responsibility of the unit owner. Hence, if the governing documents don’t say anything to the contrary, the unit owner may be responsible if the window is part of that unit according to the community plat.
That said, kindly review the governing documents to see whether there are provisions stating that the association is responsible for damages depending on specific causes. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
