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.

Pacific Reserve Studies