Who Owns the Condo Skylights?

R.M. from Hartford County writes:

Dear Mister Condo,

What does the CT Building Code rules for skylights i.e. window or part of roof structure?  Should the HOA be responsible for repairs if the skylight was originally installed?

Mister Condo replies:

R.M, as far as I know, the Connecticut Building Code does not address skylights. Of course, I am neither a building inspector nor an expert on the Connecticut building code. Since skylights are a part of the roof, many associations treat them as common elements (owned and maintained by the association). However, I also know of some condominiums where the skylights are treated as though they were windows and owned and maintained by the unit owner. It really comes down to your governing documents although some are silent on the issue creating a grey area where the Board must make a determination as to who owns and maintains them. Once that decision is made, a precedent is set and from that point forward the repairs and maintenance are typically handled the same way. So, off to your governing documents you go to see what, if any, descriptors are in place for skylights. If there are none, look to the history of how they have been handled in the past. Good luck!

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