Are skylights considered part of the roof and the responsibility of HOA?

Question

Are skylights considered part of the roof and the responsibility of HOA?

Answer

Depends what the HOA documents say. If those are defined as being in the nature of "Common Elements" more likely than not. If they are defined as being "Limited Common Elements" then the responsibility for repair and maintenance MAY be imposed on individual unit owners - you must look at the HOA documents first. Then again, if there is a community-wide problem with roofs and skylights, the HOA documents may give the HOA the right to contract to get the problems fixed for all owners who have problems, but in the end everyone with the problem will probably have to pay a special assessment for the work on their units. So check the HOA documents first. If you can't figure out from them whose responsibility it is, then it would be a good idea to have an attorney take a look, especially if the costs of making things right are significant.....