Are windows part of the "Common Elements"?

[Suzanne2010]

State: Illinois
Our By Laws include the following description of common elements as:

Except as otherwise in this Declaration provided, the common elements shall consist of all portions of the Property except the unit. Without limiting the generality of the foregoing, the common elements shall include the land, outside walks and driveways, landscaping, stairways, entrances and exits, halls, lobby, corridors, basement, roof, structural parts of the building, components parts of walls, floor and ceilings, and pipes, ducts, flues, shafts, and public utility lines serving the common elements or more than one unit.

Would this mean that exterior windows are part of the common elemet?

 

[You Are Guilty]

State: Illinois
Our By Laws include the following description of common elements as:

Except as otherwise in this Declaration provided, the common elements shall consist of all portions of the Property except the unit. Without limiting the generality of the foregoing, the common elements shall include the land, outside walks and driveways, landscaping, stairways, entrances and exits, halls, lobby, corridors, basement, roof, structural parts of the building, components parts of walls, floor and ceilings, and pipes, ducts, flues, shafts, and public utility lines serving the common elements or more than one unit.

Would this mean that exterior windows are part of the common elemet?

Well gee, I don't know. Do you see "exterior windows" listed anywhere in that definition? I don't. That would lead me to suspect that if it's not on the list, it's not on the list.

 

[HomeGuru]

Well gee, I don't know. Do you see "exterior windows" listed anywhere in that definition? I don't. That would lead me to suspect that if it's not on the list, it's not on the list.

**A: at first blush i would agree, but after reading the post again I now take the position that the windows are part of the common elements.

 

[You Are Guilty]

**A: at first blush i would agree, but after reading the post again I now take the position that the windows are part of the common elements.

If you're referring to windows 'outside' the Units (i.e. in the common area), then I agree, otherwise, I see no justification for it. I don't consider a window an "exit"

 

[HomeGuru]

If you're referring to windows 'outside' the Units (i.e. in the common area), then I agree, otherwise, I see no justification for it. I don't consider a window an "exit"

**A: thanks. It could be an exit if in the building plans the windows were designated as a means of egress and fire escape during a fire. But the exixt issue is not why I responded as such.