HOUSING (GENERAL); CONDOMINIUMS;

CONDOMINIUMS;

Connecticut laws/regulations;

You asked whether state law permits a condominium declaration to require a unit owner to repair and replace outside doors, windows, decks, or porches that are for the unit owner’s exclusive use. Our office is not authorized to give legal opinions and this should not be considered one.

State law permits a condominium to require unit owners to repair and replace, or to pay for the repair and replacement of a unit’s exterior doors or windows, or decks or porches that are for the unit owner’s exclusive use. But such a requirement would have to be included in the condominium declaration.

The first issue is whether the doors, windows, decks, or porches are part of the unit. This may be determined by examining the declaration, which is the document or documents that create the condominium, including any amendments (CGS § 47-202 (13)). The law requires the declaration to contain a description of the boundaries of each unit and a description of any limited common elements (CGS § 47-223 (5) and (6)). Unless the declaration provides otherwise, a unit owner is responsible for repairing his unit.

If the unit’s exterior doors and windows, and related deck or porch, are not part of a unit, an examination of the declaration will determine whether the unit owner or the association is responsible for maintaining, repairing, and replacing them.

State law specifies that unless the declaration provides otherwise, any shutters, awnings, window, door steps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit’s boundaries are limited common elements allocated exclusively to that unit (CGS § 47-221).

State law permits the declaration to create limited common elements. It also allows the declaration to specify whether the unit owners are responsible to repair and replace them or to pay for it. CGS § 47-249 states in relevant part:

“Except to the extent provided by the declaration. . . the association is responsible for maintenance, repair, and replacement of the common elements and each unit owner is responsible for maintenance,

repair, and replacement of the unit. ”

Even if the declaration is silent as to this responsibility, or if it makes the association responsible to maintain, replace, and repair limited common elements, the law permits the declaration to make the unit owner responsible to pay for it (CGS § 47-257). This law provides in relevant part: “To the extent required by the declaration (1) any common expense associated with the maintenance, repair or replacement of a limited common element shall be assessed against the units to which that limited common element is assigned, equally, or in any other proportion the declaration provides; (2) any common expense or portion thereof benefiting fewer than all of the units shall and be assessed exclusively against the units benefited…. ”

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