First, Get the Roof Fixed. Then Go to Legal Papers to Figure Out Who Pays.

Many documents will specify other items in the units, such as the mechanical equipment, or that which serves your unit, such as a heat pump.

You say that you do not have the floor plans, technically called "plats and plans." This document, filed with the local government surveyor's office, will usually depict the three components, although often not everything is identified. It may be that the skylight is labeled and that you are correct in demanding that this document be reviewed before a legal opinion can be rendered.

Why is it important to determine whether your skylight is a general or limited common element or part of a unit? Because unless your governing documents state otherwise, the owner of the unit is generally responsible for the maintenance, repair or replacement of the unit, while the condominium association is responsible for general and limited common elements.

While all of this research is proceeding, do not sit still. The leak will continue until the problem is resolved. Whether you or the association pays for the repair is -- for the moment -- irrelevant. One of you should hire a licensed roofing contractor and have the leak fixed.

There is yet another aspect to your problem, namely insurance. You or your lawyer should review your legal documents, as well as the condominium law in your jurisdiction. In condominiums, there are two types of insurance coverage involved with problems like yours: the master insurance policy and your unit owner's policy.

The master policy is issued in the name of the association and is paid for by the association. Often, even if the association is not responsible for the damage, the master policy may cover some or all of the repairs. For example, in the District, the Condominium Act states: "If at the time of loss under the policy, there is other insurance in the name of a unit owner that covers the same risk covered by the [association's] policy, the . . . association's policy shall provide primary insurance." You should have your own insurance. You and the association should both file claims with your carriers and let them fight out over who is responsible for paying. Usually, these policies require that the insurance company be advised of the problem within 30 days from the day it is discovered.

My advice: Get the problem fixed immediately, even if you have to pay. If you do this, take before and after pictures and keep all receipts. Then see whether there is insurance coverage. The legal interpretation as to who owns the skylight is important but should not hold up stopping a leak.

Benny L. Kass is a Washington lawyer. For a free copy of the booklet "A Guide to Settlement on Your New Home," send a self-addressed stamped envelope to Benny L. Kass, 1050 17th St. NW, Suite 1100, Washington, D.C. 20036. Readers may also send questions to him at that address or contact him through his Web site, http://www.kmklawyers.com.