Legal Question in Landlord & Tenant Law in Illinois

You should have an attorney look at the Declaration - not just the rules. The Declaration will define what are common elements and what are "limited" common elements - or similar terminology to delineate things that everyone shares in common versus things that are "common" but serve only one or more but not all units - terminology may differ if this is a 'condominium' townhome development or not. If they are defined as "limited" then there are often parallel provisions that say they are the owner's responsibility or that the HOA can make them the owner's responsibility. Other examples include things like unit entry doors, windows..... So "roof" may not include the "skylights". However, you can suggest to the HOA that the contractor's commentary is somewhat 'odd' because if the skylights themselves are ok and don't require replacement, but the roofer will have to seal around them as the roofing work proceeds, then the cost of sealing around then should be part of the roofer's contract.