The windows in the condo unit above mine are leaking and causing water damage in my condo. CCR does not specifically list windows as part of Common Area. Are they part of common area or not, and who should be fixing or replacing them to stop leaks? Owner of the above condo with leaking windows? HOA? Me?
It would depend on the Declaration and the laws of California, and also, to an extent, the nature and kind of the windows. The windows are going to be the responsibility of either (or both) the HOA and the Unit Owner.
Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.