My question involves a condominium located in the State of: IL
I and the owner of the unit below me have been told by a contractor we should repair some windows or moisture might get in: the panes are broken. (I also have to in order to not drip water into his unit) The funny thing is, we didn't even know we had these windows. A long time ago some developer just put drywall over these particular windows in all the units (not sure what other things were done to seal them), and did not brick them over on the outside like you often see, or board them up on the outside - the glass panes were exposed, and apparently broke at some point in the past.
There are two relevant clauses in the association rules, one is that unit owners are responsible for our windows, like most associations. The other is the unit ends at the walls. (I don't have exact wording on me). And the association is responsible for the common areas and limited common areas.
We think the association is responsible because these holes in the brick wall are external to our units, and the board says we are responsible because they are still considered windows. I am not sure who is right.
(I realize that probably all the units are affected and no one knows they have these windows and that the panes are broken, and if the association has to pay, then in the end we are all paying, but it might be better to do it that way for various reasons involving scale etc).
Does anyone know of any instances of this happening in IL? Where a sealed up window not even accessible to the unit owner must be repaired?

