Condo Association Management Blog

Check with an attorney. Are any of the units mortgaged? They will have to be notified.

My condo association requires that I maintain, repair, and if needed, replace my own windows. They are a limited common element. 
 
In general, comment items that are "seen" by all unit owners fall under certain rules where I am required to keep them in good repair and am restricted to a certain color. However, if it can said that an item is solely for me, wether it be a window, door, or a water pipe, then I am solely responsible for the upkeep. 
 
My condo association expects unit owners to keep these items in good repair. There are fines assessed if a unit owner does not. No one wants a fine, but its usually not an issue as most of our unit owners are responsible. I suppose if a unit owner was not motivated, the association would complete the repair and pass the cost to the specific unit owner via assessment. 
 
I like it this way. I don't suspect I'll live long enough to need new windows, but if I do, while I am restricted to one color, I enjoy the option to make my own choices such as latches, triple pane, etc. 
 
IMO, a condo association should be responsible only for items that are physically shared between multiple owners (such as a window in a common hallway, but not a window in one's unit). 
 
If your board is truly unsure, let unit owners vote on it. There are pros & cons to either way, so it almost doesn't matter.

To start, check your condo documents. Any changes to the master deed almost always need a vote of all unit owners, either 75% to %100. In regards to enforcing the replacement of windows as a unit owner expense, I'd need some more info. Is the heat in the units a common expense? If so, most state laws governing condominiums (MGL 183A in MA) include a section about "energy saving devices". You can back-bill the unit owners if you replace the windows as they help retain heat, something the entire building pays for. I've seen the same principle be applied to shower heads, toilets, etc. As far as the siding needing to replaced, you'd have to word the amendment to the Master Deed very carefully to ensure the responsibility was interpreted correctly. Just be sure you have all the info, and as someone else noted, get a lawyer to check the docs! 
 
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I actually think this is a positve for the home owners to keep up any repairs that are needsd for the property to be maintained- though you would need to follow an agreement of standard, you will have the right to keep this up to date and not wait for a few select people on some board to make a decision for your location- as it is said in life, "there are no free rides" that's my story and I am sticking with it.

Having just gone through the budgeting process in my 14 unit condo in Oregon, I can understand the desire to reduce HOA dues. 
 
In my association, the windows belong to the condo while the glazing (or glass) belongs to the homeowner. The same holds for the front doors to each unit. Technically your reserve study should indicate how much to hold back each year for the eventual replacement of windows. Following the reserve study and withholding enough reserves is the easiest way for an association to fix and repair common elements. It gets more difficult if you have to try to pass an assessment or try to force people to make repairs out of their own pocket. 
 
Also, if a homeowner damages a common element, such as their front door, then our association would arrange the repair to ensure the architectural integrity of the building, and the homeowner would be billed for the repair. That is actually written into our docs. 
 
If your association reserves are fully funded, then keeping the system you have in place will probably turn out to be the easiest solution. It does not depend on a vote of the homeowners or potential legal battles. 
 
What ever your association decides you will definitely need to consult your attorney to make sure all the angles have been covered. 
 
I would love to hear a follow-up on what your condo decides and how it worked out.

You are addressing a very difficult area. Windows serving only the unit are a problem in every condominium. The first consideration relates to the building code requirements in your area. Those buildings designated as high rise have striingent code requirements to meet. Once you settle that issue the next to address is the question of windows and pation doors that serve only a unit. Window technolgy over the past 20 years has gone thru a number of marked improvement cycles with ever rising prices. Many condos arrange for organizing a voluntary discount program using an installation contractor that the Board has vetted. Such facilitation then allows those unit owners who wish to upgrade their windows at their own expense to do so and gain the advantage of a bulk buy. Further most condominium documents require that the outsiode view of the builduing must be kept constant and such a program would insure the unit owner that the window he purchased would not violate this restriction. Or a condominium could undertake to replace all windows and pation doors in the building as a community project with the cost being via a spevial assessment or as a line iytem in the budgbet over a several year time span. There are various ways to address this situation but windo costs for top of the line products are not cheap. Then having allowed ubit owner finnanced upgrades who beciomes responsible for the maintenance??M In my condominium after an upgrade has been installed the unit oewner deeds ownership of the window to the associoation and in return the association assumes the maintenance responsibility for the exterior side of the window.

Do not change your by-laws. If each owner is responsible individually, it is very difficult to achieve unanimity when the time arrives to replace the windows. Cost and aesthetics will be divisive issues.

I am not an attorney. I have been involved in a 10 year battle to try and straighten out our legal documents. I own a condo in Washington State.  
 
It is OK for Bylaws to set architectural standards. However, your association should not try to amend your bylaws to make you financially responsible for what is considered common area or limited common area repair, replacement or maintenance. They should amend your Declaration in accordance with RCW 64.34.360(3) to do that. Put the following in a search engine if you want the details on this requirement. “WA State appellate court Keller v Sixty o One” Go to the section labeled “A. Applicability of RCW 64.34.360(3)” If you amend your bylaws and they are in conflict with your Declaration, then the bylaws are invalid. As always, check with an attorney.  
 
If you decide to change the windows yourself, be sure you supply your Board of Directors with plans. Any changes you make to the exterior of your unit usually require written approval of your BOD. The board can make you redo your project if you do not have approval.  
 
You ask who pays for what. Unless Your Board volunteers to pay for part of the project, it would be best if you paid for it all yourself. Trying to force a Washington State Condo Board to do something, even if it is required by law, is very costly.