The following article first appeared in the June 2008 issue of ACTHA News. The original version of the article has been updated for the FRA blog.Question:I live in a condominium. Who is responsible for repairing my doors and windows?Answer:The first issue to be analyzed in connection with this type of question is the classification of the property components at issue. Subsection 4.1(a) of the Illinois Condominium Property Act establishes certain presumptions regarding the classification of building components, providing that, except to the extent otherwise provided by the declaration or other condominium instruments, any perimeter doors and windows in perimeter walls serving a single unit shall be deemed limited common elements. Therefore, unless the condominium declaration, bylaws or plat clearly provide otherwise, perimeter doors and windows serving units are classified as limited common elements.Assuming that your perimeter doors and windows are classified as limited common elements, the second issue for analysis is identifying who is responsible for handling the repair work. Condominium declarations vary as to this issue, sometimes assigning this responsibility to the association, sometimes delegating this responsibility to individual unit owners, and sometimes making the association's responsibility to handle the work optional. However, Subsection 18.4(a) of the Condominium Property Act provides that a condominium board has a duty to provide for the proper maintenance, repair and replacement of the common elements (which by definition include the limited common elements). Our firm therefore advises its condominium association clients that they must have some degree of involvement in limited common element repair projects, whether or not the association's governing documents make unit owners responsible for handling such work. At a minimum, a condominium association should oversee limited common element repair projects to ensure that the work is performed in a competent manner and that the integrity of the building and the interests of the association are properly safeguarded.The third issue for analysis is whether the association or the individual unit owners are responsible for paying for the limited common element repairs. Condominium documents also differ in how they treat this issue. Subsection 9(e) of the Condominium Property Act empowers a condominium association to handle limited common element repairs using a contractor of its own choice and to charge the costs thereof back to the individual unit owners - provided that the condominium instruments contain language authorizing this financing mechanism. In many condominiums, there is a significant difference in the degree to which various unit owners will benefit from repair of limited common element building components. For instance, a condominium building may have several units with balconies and several units without balconies. It often is most equitable if limited common element repair costs are charged back to the individual unit owners who benefit from the work, rather than spreading such costs amongst all of the unit owners as a common expense.As a practical matter, it often is in the best interests of all parties involved for a condominium association to handle work involving limited common elements, in that it may not be efficient, safe and cost-effective for each unit owner to individually assume responsibility for work involving windows or other major building components. Furthermore, an association typically wishes to ensure consistency in work involving limited common elements and should retain control over the quality of the work. For these reasons, we often strongly encourage our condominium association clients to handle limited common element repair projects. Decisions regarding whether to charge such repair costs back to unit owners on an individual basis will depend upon whether the governing documents authorize such action and whether the nature of the project makes a "chargeback" equitable and otherwise appropriate under the circumstances.
