Skylights - Skylight Safety

The Davis-Stirling Act does not address who is responsible for the maintenance, repair, and replacement of skylights. Consequently, it is necessary to determine whether an association's CC&Rs address the issue. Most do not. If the CC&Rs do not address the issue, it is recommended that the association amend its CC&Rs to reflect the following:

  • Skylights installed by the developer will be considered part of the roof and will be maintained, repaired, and replaced accordingly.
  • Skylights installed with the consent of the association by individual members, will be the responsibility of those owners.

When an association gives a member its consent to install a skylight, it is the best practice to require that the member sign a comprehensive covenant requiring them to maintain, repair, and replace the skylight as needed and to indemnify and hold the association harmless in the event of a leak or other liability causing event. The covenant should be prepared by an experienced attorney and recorded in the county recorders office.

Skylights located on flat roofs can be highly dangerous. People have been known to fall, though them for a variety of reasons. All skylights on flat roofs should have safety rails in order to prevent accidents and injuries. They should also be wire reinforced.

Pacific-Coast Property Services