HOA is stressing me out!!! The previous owner of my condo installed new windows but I noticed water coming in through the ceilings (due to the window frame being old). HOA claimed that the window wasn’t sealed correctly but I was told HOA should still be responsible for repairing anything “walls-out” and that the install has nothing to do with the old frame.
I want to sue these f*ckers again!

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I live in a condo and have leaking windows. The HOA is responsible for and already in the process of replacing my windows.

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Is it just your unit or other units experiencing the leak too?

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Request from the Board the HOA’s lawyer’s written opinion on the issue. If the Board doesn't get an opinion, then it opens the Board members up to personal liability. If they do, then it may force the HOA to accept responsibility or state clearly why it's not.

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I’ve sued the HOA board in the past because they followed their stupid lawyer’s opinion and I won the small claim!

Genuine question, why would an HOA be responsible for repairing your home? File a claim with your homeowners insurance?

Homeowners policy won’t cover leaking windows. Maybe it will cover damage caused by the water in the unit but certainly not fixing the windows.

Former HOA board member here. Your HOA’s Declaration defines the unit boundaries and responsibilities. The windows may be included within the unit boundaries. Also look for any sections that mention Limited Common Elements. Typically these are building elements that are outside of the unit but serve less than all of the units. Windows may be included in those as Limited Common Elements. Once you have that information, you can cite chapter and verse why it's the HOA’s responsibility.

It clearly states in the CC&R that exterior window repairs and maintenance are the responsibility of HOA. My insurance company made it clear that HOA is responsible as well!

That good. A couple of questions. Did the management company or the HOA Board say it's not the HOA’s responsibility? If the windows are the responsibility of the HOA, do you know why the previous owner replaced them?

He replaced the insert only not the frame 🖼️ …he replaced it to match the modern condo and renovations. The building is old! And yes the board said it

Did the board state why they are rejecting responsibility?

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