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Q: Conominium general common elements ( No Answer,   2 Comments )
Question  
Subject: Conominium general common elements
Category: Miscellaneous
Asked by: dunorch-ga
List Price: $5.00
Posted: 10 Jan 2004 07:31 PST
Expires: 09 Feb 2004 07:31 PST
Question ID: 295027
I know that doors and windows are considered to be part of the
individual condominium units. I believe that the frames around the
doors and windows are part of the general common elements - is this
true? I live in Virginia.

Request for Question Clarification by googlenut-ga on 10 Jan 2004 23:51 PST
Hello dunorch-ga,

I have found the section of Virginia law that describes the portions
of a condominium that are common elements and the portions that are
part of the individual unit.  However, I haven?t found anything that
specifically mentions door or window frames.

If this information would be helpful, please let me know and I will
post it as the answer.

Googlenut

Clarification of Question by dunorch-ga on 11 Jan 2004 04:28 PST
Thank you googlenut, but I have also fond that section. I am looking
for a definitive case that, perhaps, will address this issue.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Conominium general common elements
From: aht-ga on 11 Jan 2004 22:46 PST
 
dunorch-ga:

Just as a comment, I'd look to the standard applied by the
construction industry to define what constitutes a 'door' and a
'window'. For example, all premanufactured windows include the window
frame, the whole unit being mounted in a wall consisting of framing
and surface materials. Doors are available in both pre-hung (ie.
complete with frame) and stand-alone; doors used in most new condo
construction are of the pre-hung variety, as it just saves time and
hassle during installation. It can easily be argued that the frame is
an integral part of the door or window, as without it the door or
window ceases to be a door or window.

If I come across any case law that addresses this specifically, I'll
post it as an answer.

Regards,

aht-ga
Subject: Re: Conominium general common elements
From: dunorch-ga on 12 Jan 2004 04:33 PST
 
Thank you for your comments, Aht-ga.
Good point on the pre-hung door and window assemblies that contractors now use.
It may also be argued that once the assemblies are installed, the
frames become an integral part of building structure with headers and
load bearing responsibility for the structure's integrety. Further,
they become buried in the structure within the exterior wall cladding
system. The component doors and windows, on the other hand, can easily
be replaced by the unit owners.
Regards and thanks,
dunorch-ga

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