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LindaM5
(Texas)
Posts:22
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| 06/28/2008 7:22 PM |
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Our 24 unit condo complex w/HOA (only 7 resident owners - balance are investment rentals)- requires exterior conformity according to ccr's. It is the owner's responsibility and expense to take care of windows. Well, we are at the point (built in 1982) where almost all windows are "fogged" and for "cosmetics" and energy conservation need to be replaced.
They are aluminum frame (inset into brick exterior) and we can not find a contractor to replace with "identical" windows - they are only offering vinyl - which are totally different in appearance than what we currently have - and will not match the rest of the units. How do we proceed to get these new vinyl windows installed, if we do not have 100% owner participation? After solicitation, only 3 owners even want to expend for new windows - and some are expecting the HOA to fund the project (which we will never be able to afford).
Can we 3 owners somehow/someway seek/acquire deviation to these exterior conformity requirements? We have sought quotes for just window sash glass replacement - but they are not guaranteed for more than 12 months.
Anyone else out there that has had this similar situation...and how was it resolved?
Thanks for the help and feedback!
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GlenL
(Ohio)
Posts:1375
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| 06/29/2008 12:34 AM |
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| Linda the 3 of you should make an application to the BOD or ACC if you have one explaining that the "exact" windows are no longer available and request a variance to install ones as close to the originals as you can find. |
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MaryA1
(Arizona)
Posts:2241
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| 06/29/2008 3:58 AM |
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Linda,
I agree with Glen's opinion. However, I'm of the impression you think the windows of all the units should be replaced at the same time. If I'm right, IMO, this not a requirement the board can make. The members have a right to replace the windows whenever they see fit unless they are broken and/or falling down. Just because the glass looks fogged is no reason to require them to be replaced. At least, not in my opinion. All members should be informed of the mfg that carries the replacement window approved by the board so they will have the required info at which time they decide their windows need to be replaced. |
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KirkW1
(Texas)
Posts:1145
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| 06/29/2008 6:10 AM |
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As for windows fogging, I agree with your assessment that for energy efficiency they should be replaced. But the investors will probably not see that is their problem. It might also make the place look nicer, but to what extent will be up for debate with the investors.
As for the windows all being replaced - if you got the BOD to agree, it could become an HOA project if depending on the authority of your documents. Of course such would most likely have to be done with a special assessment. All the same, there could be a decent cost savings if you can somehow arrange all windows to be replaced as a single project.
I would recommend you talk to your governing body concerning the inability to get an exact replacement. (As a note, today's windows are ALL superior to what you have.) |
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MaryA1
(Arizona)
Posts:2241
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| 06/29/2008 6:27 AM |
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Kirk,
Linda stated the windows are the resp. of the unit owners. And, wouldn't the cost savings go to the owner and not the HOA, unless, of course the HOA pays the elec. bill. Whether the units are being lived in by the owners or not, replacing windows can be a big expense. I would think a good quality thermopane window would be preferred and they don't come by cheaply. Another reason why I don't believe the HOA should require they all be replaced just because they're fogged, which you really can't see from the street anyhow. |
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LindaM5
(Texas)
Posts:22
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| 06/29/2008 7:43 AM |
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Thanks to all for your responses. Let me provide additional details of this "situation".
As an HOA we are not and can not FORCE anyone to replace windows...the BOD sent out a solicitation seeking interest....and we received only 3 positive responses. Some owners responded that they WOULD replace, but only if the HOA funded the project (without their $$ contribution). With the majority of units being rentals..there is a severe lack of desired investment interest (as long as no City Code violations regarding rentals are occuring).
It is in our CCR's that windows are the owner responsibility & expense - not the HOA. With our budget, the cost is prohibitive (estimates received of $2,500 per unit (average of 4 windows per unit)replaced with new (updated) vinyl. EXACT window replacements are no longer manufactured or offered.
I do not see how the HOA can replace windows and then request/acquire an all owner assessment to cover the expense - even if we do a "group discount" installation. How would we do that????
Some of these "fogged" windows are reducing our curb appeal/property values - some affected units are visible from our main entry & street.
The 3 of us are compiling a letter to the BOD outlining our discoveries regarding type, style and price of windows that we want. Will 3/4's of all owners (majority) have to approve this deviation...or can it be a BOD decision? We do not have a separate committee only a 5 member BOD.
Thanks...keep coming with the solutions and recommendations!!! |
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KirkW1
(Texas)
Posts:1145
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| 06/29/2008 9:20 PM |
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Whether the BOD can grant the exception depends on the wording of your documents. You need to look for something giving them the authority to make the exception.
I certainly understand the fogging dropping the value of your unit. My understanding is that the fogging occurs when the seal of the two panes give out and thus air (and more importantly the moisture it carries) invades that space. And thus you have lost some of the thermal properties of the window. And if I found that the window simply couldn't be replaced because some owners were unwilling to replace to make them all look the same I would drop all consideration of purchase.
If the BOD can not grant a waiver, then I would still pursue it as an amendment to the CC&Rs. I would call the investors and explain that while this doesn't affect the rental of the unit, it will affect the ability to sell should they need or simply decide to. The whole point of the documents are to protect investments. And this is a change that is needed to protect the investments. |
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