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Condo owners waiting on board to replace health hazard windows

Posted on Sat, Jan 28, 2012 @ 09:45 AM
  
  
  
  
  
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In November we submitted a request to our Board to approve new windows as our old ones have caused black mold and we have a baby on the way we don't want exposed. Our request was for a new frame and new glass, with no changes to the appearance, we did not ask our Board to pay for any part of it. Over 2 months later we still have not received an answer. We have provided all the information, and the company that we chose also provided all the information. We have a condo listing from 2 years prior for a different unit showing they have had their windows replaced (lists "new windows") but our board says they have never had windows replaced before (even though the condos were built in 1991 and they had aluminum windows) and for that reason they need to create documents about what is ok (specs etc.), this is their excuse for not telling us yes or no. Do we have any recourse for the extended time frame that it has taken to get a response? With the black mold, we need to get our windows replaced before our baby comes in 2-3 months. Do we have recourse if they don't approve for long enough that we can't bring our baby home because of the mold? I have requested a copy of the bylaws, but haven't received it yet, to see if there is a time limit of requests for written approval, but in sample bylaws I saw that many didn't have time frames for responses.
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Comments

you will get lots of help on this site, however as a Public Health RN I cannot help but suggest that you contact your local Board of Health ASAP. The mother is at risk, as are you, right now. 
 
Good luck.
Posted @ Saturday, January 28, 2012 9:55 AM by catherine
Go ahead and replace your window. Life does not wait on a foot-dragging board. As long as it "matches" the rest of building in appearance, let them jump up and down all they want to, they had their opportunity. I'm on the board of a FL condo and if you lived in my community, I wouldn't blame you one bit.
Posted @ Saturday, January 28, 2012 9:58 AM by Kay Borden
Who is responsible for windows in your association? is it owners of the association? 
 
Read very carefully language in your CC&Rs and Arch requirements around modification requests. Very often there will be a language that if board doesn't respond withing 30 days or so you can assume it was approved. 
 
If windows fall under association responsibility here is a challenge you might have. Windows (any windows) do not cause mold any kind of mold. Moisture that gets through the window might cause it. Most likely moisture gets through because of how window was installed, no the window itself. Your board may decide to fix the water insulation problem rather than change the window.  
 
Talk to you board explain to them that this is a health issue and they need to make a decision fast. Suggest to them that you may notify your health department and possible go after the developer.
Posted @ Saturday, January 28, 2012 10:01 AM by Jeff Ross
As of today If there is no document that states anything about the windows then replace your window and worry about the board later on.
Posted @ Saturday, January 28, 2012 10:15 AM by Victor
Don't listen to people that say "just replace your windows" 
 
Depending on how reasonable or unreasonable your board is they may chose to compel you to replace them back if they really push for it. 
 
Work within your rules and there is no doubt in my mind that you can have it done. 
 
Do you have any test results showing black mold? You can also let board know that they are interfering with you medical situation and jeopardizing the health of you family including an unborn child. Remind them that they can be held personally responsible for their actions. 
 
Posted @ Saturday, January 28, 2012 10:19 AM by Jeff Ross
I would go ahead and replace the window. I think it is ridiculous that no one has replied to your request. The mold has got to go esp with a baby on the way. Be sure to document the time you requested that the window be changed and the person you asked. Then just do it and say nothing about it.But have the details on paper and dated. If you feel the need get an attorney to sign it.Have you tried to clean up the window? That would solve the problem.
Posted @ Saturday, January 28, 2012 10:22 AM by Mari
Having just gone through an ordeal with a condo board let me say what works. Get an attorney that deals in particular with condo apartment issues. Your association need a demand letter issued. Believe me they will perform they dont want a suit in this economy. Sad to say it doesnt matter what you point out to them in your cc and rs only an attorney entering in will produce results.
Posted @ Saturday, January 28, 2012 10:29 AM by Lorna ava
As long as you can document your requests, I would move forward and replace the window. My family/ child's health is more important than their formal approval. As long as there is no change in the style/quality of the window. I don't understand your patience. 
 
Make sure you get a permit and use a licensed contractor.
Posted @ Saturday, January 28, 2012 10:32 AM by Larry Weiss
Document the health hazard. Replace the windows now. Request 50% of the cost from the Association. It is likely that the outside of the windows are a common element. After 30 days wait - write that 30 days henceforth you are presenting the matter as Civil Suit to your States 
lowest Court (Magistrate, District Justice etc.) Do it no matter what. Boards that refuse answers deserve it, and if the last person did it, you probably would not have had a problem. Do it for the next person.
Posted @ Saturday, January 28, 2012 11:27 AM by Joe K
Jeff is the only one who has posted sane advice -- listen to what he has said. Do not do anything that the board has not approved or you will be sorry. Others who are telling you to just do it will have have to reap the consequences -- only you will. Have the mold checked out to make certain that it is mold and that it is a health hazard. If it checks out that way then send your board a certified letter -- return receipt request -- and let them know what is going on and that you need approval to replace the windows ASAP.
Posted @ Saturday, January 28, 2012 11:44 AM by mary
Contact the Environmental Protection Agency as soon as possible and they will resolve this matter. In the mean time, if it were my wife and baby, I would either move out temporarily or fix the problem with my own funds and then take them to small claims court to recover your loss. Black mold can be very dangerous.
Posted @ Saturday, January 28, 2012 12:09 PM by John
In addition to my last comment, I would like to add that this may Not be a window problem, it sounds like inadequate ventilation in that area of the ceiling where the sky light is located. This area might be accumulating too much heat and becoming moist due to the humidity in the residence. Mold will grow in a moist, poorly ventilated area, and this may be your problem.
Posted @ Saturday, January 28, 2012 12:28 PM by John
I'm with Catherine. The spores from the black mold is something you do not want to have in your AC system. To be sure it has not already spread into the duct work, an air quality diagnostic and duct swab and evaluation could prove helpful for safety and peace of mind.
Posted @ Saturday, January 28, 2012 12:37 PM by Michael by the sea
It may be a long shot but you may want to trywww.condocerts.com to see if your Associations documents are available on line. Otherwise, I would contact the attorney for the Association and cc the Board regarding your request for the condo documents. They may charge you a fee but at least you would have a copy. 
 
You need to first determine who is responsible for window replacement, I can't imagine the Association taking on that financial responsibility, most docs state the owner is responsible for exterior doors and windows. As others have said, contact your local Health department, they will send an inspector out. If it is black mold they will advise you what to do.  
 
Also, be aware that if your windows are older or the seal has been broken, that will cause condensation to build up and your windows may look foggy because moisture. You may need to remove the old caulk around your windows, clean the area with bleach and then recaulk. Jeff is correct, DO NOT just replace your windows until you know who is responsible for paying for them and you have board approval.
Posted @ Saturday, January 28, 2012 12:38 PM by Kathy
The problem I am having is with the siding on my building not having been done correctly. I now have rain coming in my unit and no one will help. I have gone to the board to no avail. I have gone thru 3 surgeries in the last 18 months for cancer and I also have COPD. Any ideas as to what I can do? I am a widow and have spent everything I have fixing all the problems with my unit.
Posted @ Saturday, January 28, 2012 12:47 PM by rose
Rose: 
 
I would take pictures of the siding outside as well as the water damage inside. I would also invite the board over to see your unit, sometimes if they just see the damages they may react. Also review the wording in your documents, the Association may be responsible for the outside repair but the interior repair may fall on you. Also, if you have health issues, contact your Health department, they may come out to inspect and write a letter to your Association on your behalf and give them a notice to cure with a deadline. Ask the Association for a copy of the Certificate of Property Insurance for your property. They are required to provide this information and your mortgage company will also require a copy to prove you have Hazard Insurance. Remember to document all calls and letters so you have records of all communication.
Posted @ Saturday, January 28, 2012 1:07 PM by Kathy
You must obtain a copy of your by laws. At issue is the question as tio whether the wiondow is oart of the unit andthus maintenance responsibility rests with the unit owner. If the window is not prt of the unit then the associations is responsible for the maintenance, In either case your state condominium act also has to be looked at for relevantt windows provisions. Remember in case of conflict the state law supersedes the bylaws.
Posted @ Saturday, January 28, 2012 1:35 PM by Charles Adler
Two months (or longer) is reasonable to develop specs for windows, but it is too long for not resolving the mold issue. If the association is responsible for window maintenance, then ask the board to fix the water penetration that is causing the mold, which is the real problem. They may choose to repair rather than replace the faulty windows.
Posted @ Saturday, January 28, 2012 8:36 PM by JT
It is easier to get forgiveness than it is to get permission. So with a baby on the way go for it and deal with the board later. what is done is done> and it is what ot os.
Posted @ Saturday, January 28, 2012 10:22 PM by phyllis
Go ahead and replace the wondows now. Sometimes it's better to ask for forgiveness than permission. You could be waiting forever on your "Pony Express" Board.
Posted @ Sunday, January 29, 2012 3:22 PM by RCH JR
I, too, agree with Jeff Ross' advice. I'm confused about your timeline. Why would you wait so long to get this ball rolling? Why don't you have your condo docs? They are provided at your closing and you are responsible to know what is contained in them. You should have gotten 3 bids for new windows and provided the board with specs/pics/price of same. You should have the mold tested so that you have official documentation for yourself, as well as the Board. Owner's had windows installed in the building where I'm a trustee. The windows ended up not being the same as existing windows and they were installed improperly, which resulted in water damage in several units, due to the flashing not being secured properly. I don't understand why you waited so long to address this with the board? Several condo associations have a 3 bid rule, which is time consuming,but I have found you get a much better product/result. If windows aren't installed properly you could have serious problems on your hands for any damage that this might cause other units.
Posted @ Monday, January 30, 2012 11:16 AM by Shelli
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