Legal Question in Real Estate Law in California

Are Skylights part of the roof?

Our HOA is trying to determine if skylights on the (top)

3rd floor are part of the roof and therefore, when in need

of repair are paid for by the HOA or the individual unit

owners. Our CCR's do not address this problem

directly except to say that the outside common areas

(roofs and its ornaments and attachments, balconies,

bar-b-que, pool, garages, etc.) are the HOA's

responsibility. This includes the exclusive-use common

areas, such as balconies, unit doors, etc. As these

skylights are part of the original building structure and

were not added at any homeowner's individual

discretion and, as homeowner dues are used to repair

every other part of the roof, I feel that the skylights would

be considered part of the roof. They do, after all, extend

through the roof ,are framed into the roof, and are

externally installed. As a result, owners on the 3rd floor

are obviously prohibited from removing the skylights

and filling in the space to make it a solid roof. What's

your expert opinion? Thank you.


Asked on 9/17/02, 8:07 pm

4 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Are Skylights part of the roof?

Skylights are considered to be in the same class as glass, windows, and doors, generally. If you mail me your C.C.& R's, I will advise you of this matter without charge.

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Answered on 9/22/02, 1:11 pm
Martin Snitow

Re: Are Skylights part of the roof?

Yes, I agree. Unless the HOA bylaws have some contrary provision, they should be HOA responsibility. I don't know of any cases on point, however.

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Answered on 9/17/02, 10:25 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Are Skylights part of the roof?

I would argue that the phrase "ornaments and attachments" would cover skylights, and therefore the HOA responsibility (it is part of the roof that keeps water out of the units).

This is especially so, since they were built with the complex, and not added by each individual.

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Answered on 9/18/02, 12:08 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Are Skylights part of the roof?

Skylights would be part of the roof generally. But, some HOA's provided that glass in the windows of a unit are the owner's responsibility. In this case, if the problem with the skylight is akin to broken glass the problem could be that of the affected unit owner.

HOA's should have an on-going relationship with an attorney familiar with these things. We are available for such work. Each Association and complex is different and we can be available on retainer, flat fee, hourly or a combination thereof that best meets the association's needs.

Please feel free to contact us if you wish to explore ongoing representation and legal advice.

HOA's can have significant legal exposure and should not be operating without competent legal advice.

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Answered on 9/18/02, 6:52 pm


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