Condo Common Elements

What is the name of your state? Va

i live in the upper level unit of a condo. the unit has a skylight which recently started to leak. the management company and board are stating that it is the unit owners responsibility to repair or replace the skylight. the condo bylaws state that the skylight (along with fireplace balcony patio etc) is a limited common element and that "all structural repair or replacement shall be made by the Unit owners association as a common expense".

when i pointed this out to the management company and the board, i was told that there was wording further in the document (attached as an exhibit) which stated that the replacement or repair of the skylight was the owners responsibility without respect to ownership of the component.

which section takes presedence when there appears to be a contradiction? likewise, how can some limitied common elements be the owners responsibility and others (such an the fencing around the lower units) be the unit owners associations responsibility?

i am very concerned about touching the skylight since it is attached to the roof which is considered a common element.

help!!!

[HomeGuru]

Originally posted by dcarole
What is the name of your state? Va

i live in the upper level unit of a condo. the unit has a skylight which recently started to leak. the management company and board are stating that it is the unit owners responsibility to repair or replace the skylight. the condo bylaws state that the skylight (along with fireplace balcony patio etc) is a limited common element and that "all structural repair or replacement shall be made by the Unit owners association as a common expense".

when i pointed this out to the management company and the board, i was told that there was wording further in the document (attached as an exhibit) which stated that the replacement or repair of the skylight was the owners responsibility without respect to ownership of the component.

which section takes presedence when there appears to be a contradiction? likewise, how can some limitied common elements be the owners responsibility and others (such an the fencing around the lower units) be the unit owners associations responsibility?

i am very concerned about touching the skylight since it is attached to the roof which is considered a common element.

help!!!

**A: please post the "further wording" from the exhibit.

the exhibit document is entitled"schedule of maintenance responsibilities". the section that they referenced has five columns. the first column identifies the "items". in this instance the items are identified as "building, exterior, roof, exterior vertical walls, foundations. the second column is entitled "general common elements under association responsibility". in this category, the wording states "all, in all regards, with certain exceptions expressed elsewhere herein regarding routine cleaning". the third and fourth columns have the following headings - "Limited Common elements under association responsibility" and "unit components under association responsibility". Neither column three or four had any wording beneath the headers. Column five entitled "certain other components under unit owners responsibility without respect to ownership of the component" has the following wording beneath the header "replacement of skylights and repair of leaks or damage to or from skylights".

[HomeGuru]

Originally posted by dcarole
the exhibit document is entitled"schedule of maintenance responsibilities". the section that they referenced has five columns. the first column identifies the "items". in this instance the items are identified as "building, exterior, roof, exterior vertical walls, foundations. the second column is entitled "general common elements under association responsibility". in this category, the wording states "all, in all regards, with certain exceptions expressed elsewhere herein regarding routine cleaning". the third and fourth columns have the following headings - "Limited Common elements under association responsibility" and "unit components under association responsibility". Neither column three or four had any wording beneath the headers. Column five entitled "certain other components under unit owners responsibility without respect to ownership of the component" has the following wording beneath the header "replacement of skylights and repair of leaks or damage to or from skylights".

**A: confusing. Have a real estate attorney review the CC&Rs and the exhibit.