Are window frames common area in a Condominium?

The subject of Windows often precipitates the most troubling conversations, raising questions asked about condominiums and exactly what the association owns as common area and what an individual owner owns.

The governing documents specify what real estate elements are owned and exactly who owns each.

However, very few governing documents specify ownership of window elements. Therefore, when a window is damaged or requires replacement, the condominium board and the owner involved look to the governing documents to determine who pays for the replacement.

Without a definition of window elements under the category of Windows, it's a good idea for the board to take the time to work with counsel to define ownership of the window elements.

Window elements might include:

• glass -- all panes, gas between panes
• frame
• sash
• lock
• shutter
• screen
• external architectural elements around Windows
• internal frames around Windows
• window sills

Once ownership of window elements -- and the elements might be different for different types of Windows, including sliding glass doors, possibly -- is defined, then responsibility for replacing a 'window' can be established.

Note that every condominium association and its assets is different from every other condominium association and its assets.