The Master Deed of our condomiminium association states the top floor unit stops at the lower surface of the roof rafters; and that windows are the responsibility of the individual unit owner. There are skylights on the roof within the top floor unit. The owner of the top floor unit is claiming she is not individually responsible for replacement/repairs of the skylights because skylights are not windows but are part of the roof. I found a court determination on line (made outside of MA and some time ago) that concluded skylights are windows based on the common definition of skylights. Most definitions of a skylight include "window" on roof. In that situation, the unit owner was found to be solely responsible for the maintenance/
repairs to the skylights. Is a window a skylight?
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Editor's Response
I don't think there is any MA law specific to this issue (I could be wrong, as this is not my area of expertise), so you will have to study the condo documents for any indication of how this issue will be resolved. You may also want to review your homeowners insurance policy and the Condo's master policy to see if either will pay for the repair. One interesting aspect of this issue is that, at least in my experience, it is not the skylight that leaks, but the roofing and sealing materials around the frame of the skylight.
Unless this is a major problem, it is hard to believe that the cost of repair will justify the involvement of lawyers, for you OR the association. Because you are dealing with an unpleasant situation (water infiltration) you may want to take pictures, then have the problem fixed. You can then send copies of the bill along with a demand letter to the Association. Let them know that you intend to pursue the matter in small claims court if they do not pay. Good luck. For more general information, visit our Massachusetts Real Estate Law Discussion Forum.
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