I am a condo owner and a board member in MA. Our 25 year old building has been plagued with water infiltration issues for over a decade. The board has obtained an architect's review indicating that windows and sliders are a major source of water infiltration, the report also notes the absence of flashing. Our docs define the boundaries of the units as follows "As to exterior walls, the plane of the interior surface of the wall studs; as to windows and doors containing glass, the planes of the exterior surfaces of the window or panel frames". In order to complete the necessary repairs the windows and sliders must be removed so that flashing can be installed. Based on their age, lack of energy efficiency, overall poor operating condition along with the fact that they most likely will not come out without some damage to the frames, the board would like to replace them as part of the building envelope repairs that have been outlined in the architect's recommendations. The question is, because the frames are integrated into the building envelope and have been identified as "having reached their useful life and should be replaced" and "appear to be a major source of water infiltration", does the board have the right to authorize the replacement of all windows and sliders and assess the cost to all homeowners as a common expense necessary for the "proper maintenance, repair or replacement of the common areas of the Condominium, including the maintenance and repair of the exterior portions of the units" as stated in our docs?
