is BOD "nit picking" re window replacement

Started by BonnieE • 35 replies • 2975 views

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BonnieE (Illinois)
Posts: 338

Posted:

Hello – I am looking for advice regarding my recent windows replacement. I recently replaced all of my windows (with BOD approval), but the BOD now has ordered that one window be replaced (again).

Some background: Our HOA rules/regs state that “…replacement of windows, patio doors…must be like that which were originally installed by the builder…” I submitted an Alterations & Additions application (A&A), which was approved. On it I stated: “Exterior will look same as original windows: white, with clear glass (bedrooms only) or with white grill (rest of windows & transoms).” I also provided additional information re manufacturer, style, etc.

Our BOD has required that replacement windows and patio doors look similar to the originals on the exterior: white frame (interior can be a different color), clear glass or with white grills, depending on the window. Some windows are constructed of vinyl, some fiberglass, some aluminum, and some, clad wood – all materials have been accepted so long as the exterior is white. There have been no other requirements. There is nothing else in writing.

Windows have been approved which are not an exact duplicate of the original, but are “like” the original. In addition to different construction materials as noted above, some are not flush with the building like the originals; many are double-hung windows (meaning the top portion can also be opened – the original windows only opened from the bottom); and a patio door in the French style with a wider frame/less glass than the original was approved. These were all approved as being “like” the originals.

I would also note that we had two building phases for our townhomes - the window styles changed from phase 1 to phase 2 (along with floor plans, patio door styles, etc.).

Issue: I have one window located at the height of the 2nd floor over the entry stairs and which is not accessible. I replaced it with a non opening window, the same as is in the model for my unit and in some of the other units. Note that there are also some units with a window in this location that is the type that can be opened. I consider this window to be “like” the originals, since both styles have been used in this location.

A majority of the BOD disagrees and is requiring me to replace that window with one that can be opened.

Does anyone have any suggestions on how to resolve this issue? I will respond to the BOD in writing and will re-submit the A&A stating clearly that the one window does not open, and why I would like it approved. But I am concerned this will still not be acceptable. Any suggestions would be most appreciated. Thank you!

GlenL (Ohio)
Posts: 5,491

Posted:

Bonnie you got approval for all the other windows but this one and took it upon yourself to change the one that is probably the most visible without approval????? It is only like[/] the window it replaced if that window also did not open; regardless if it is a style used in another part of the development. About the only thing to do now is plead your case and ask for forgiveness and hope for the best. If the window is strikingly different than the ones in your neighbor's homes they may even be leading the call for its replacement.

Studies show that 5 out of 4 people have problems with fractions

BonnieE (Illinois)
Posts: 338

Posted:

Hi Glenn - The window was approved. The problem is that they want a window that opens, not a stationary (picture) window. I didn’t state which windows open and which do not on the A & A (my error for not doing so). This same non opening window is used on other units in the same spot, including that which was the model. It looks like all of the other windows in the buildings – white frame, clear glass with white grill. The only written requirement (in Rules/Regs) is that the replacement be like the original.

I will apologize in my response letter for not being clearer in my application – and will also at the next BOD meeting. Your suggestion is well taken.

But one of my points was that all of the window and patio door replacements are not duplicates of the originals. Nor do our Rules/Regs require duplicates – only to be like or similar.

BTW…several neighbors have complimented all of the windows.
Thank you for your feedback!

BrianB (California)
Posts: 2,820

Posted:

based on this, i would say that since the replacement window is like a window installed by the builder, it qualifies under the codes.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Shame on the Board for not providing a list of "official" window companies that are familiar with your CCR requirements.

Looking "like" something is not good enough. This is going to end up being a mis-mash of similar windows, with the standard not set by the Board.

I hate it when Boards are "low directive, highly critical"

BonnieE (Illinois)
Posts: 338

Posted:

Thanks Brian, Susan. And, I agree with you, Susan. We do not have an ARC; the only requirement is that replacements be like the original, which has turned out to have a wide range of interpretations by the BOD, and as can be seen in those items which have been replaced. We have a “mish mash” of windows, patio doors, front doors (w/ and w/o kick plates and knockers), coach lights, front door handles, storm doors.

Our BOD does mean well and overall does a good job, but…..

BradP (Kansas)
Posts: 2,640

Posted:

Bonnie:

To me it is simple...you provided a request which included the manufacturer, style, etc... of the window. The board approved. If you did not deviate from your request you submitted then you have nothing to worry about. It is not your fault the board was too lazy to examine this further. Case closed in my opinion.

KirkW1 (Texas)
Posts: 1,665

Posted:

Just a question. Does it really make the neighborhood look bad if windows are different from house to house? Or the coach lights?

I thought I left that kind of mentality behind when I left the military.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Shame on you, Bonnie. You're lowering the property values in your neighborhood by not having a window that opens! Honestly, can anyone really tell from the outside whether or not the window opens. And who really cares? I believe this board wrote the book on "nit pickin"!!! Why don't you just tell them you made a mistake; it really does open!

NicoleO4 (California)
Posts: 160

Posted:

I agree with the Brad ! I know you submitted a request for new windows and they approved them right? If you did not deviate from the submitited request they have NO bearings.

BonnieE (Illinois)
Posts: 338

Posted:

Hello again..…Thanks to all of you for your thoughts on this issue.

Just to clarify, our R & Rs state that “…replacement of windows, patio doors…must be like that which were originally installed by the builder…” Such replacements are not addressed in any other HOA documents.

The BOD has approved window and patio door replacements which were like, but not duplicates of, the original windows/patio doors.

The question comes down to how to interpret the word “like”? The dictionary defines “like”: similar, approximately; something approaching or approximating.

The original window in the model of my unit in the same location above the stairway is a non opening window (picture window) and is white with white grills in the glass. I put in the same window (except for brand/maker) as is in the model. My original window was white with white grills, but could be opened, no screen.

We have a mix of windows that open and those that do not in this particular model at this location (above the stairway).

When my building was completed and I did the inspection, it was noted that the wrong window was placed above the stairway (with one that can be opened), and also in the utility room (received a non opening window). I requested that they be switched as per the model, and also because I wanted a window that opens in the utility room, and liked the picture window for the above stairway location. The builder would only agree to replace the utility room window with one that opens.

The bottom line is that some units have a window over the stairway that opens and some have a window that does not open.

I did not state explicitly in my A & A that this window would be a non opening window because I thought (and still think) that it is like that which was originally there, and because it is the same as that in some of the other units at the same location.

I also note that my old window did not have a screen, therefore my replacement window more closely resembles that which was originally there since there is no screen.

The BOD members disagree and told me this window must be replaced with one that opens because that is what was there previously.

MaryA (Arizona), you are right on with your comments:

“Shame on you, Bonnie. You're lowering the property values in your neighborhood by not having a window that opens! Honestly, can anyone really tell from the outside whether or not the window opens. And who really cares? I believe this board wrote the book on "nit pickin"!!! Why don't you just tell them you made a mistake; it really does open!”

Yes, I am truly lowering our property values with my new windows! I will tell them I made a mistake - will resubmit my A & A and apologize for not clearly stating that this window is one which does not open and request that it be approved.

Thanks all!
Bonnie

MaryA1 (Arizona)
Posts: 7,043

Posted:

Bonnie,

When you resubmit your request why don't you just say you neglected to indicate that the original window did NOT open! Didn't you say you didn't mention whether or not it opened in your original request? If they accuse you of lying, etc., just play dumb and say they had you confused, etc., etc. You know, two can play this game! LOL Now, I hope you don't think I'm a devious sort of person; because I'm not! But, sometimes people go a little too far in their role as an "authority figure". And this is certainly a case of that! Sometimes you just have to fight fire with fire. Know what I mean?

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Ok Bonnie, out with it.
What is your history with the board? Has it been a mutual relationship over the years or do you have some other motive? Do not get the idea I am doing anymore than taking a stab at your problems, just like the other posters. The differences as stated about open/closed window may not even be a factor. Is this a condo? I assume so. But I find it hard in anycase that this itty bitty difference can be cause for this contention. Tell them the windo opens, unless there is some fire code or very specific wording regarding closed/opened windows, I can't see the reason for either side to come to grips. Is this just a case of a knowledgeable homeowner wanting to do right and researched the requirements so he could met all requirements or is there something else here. Maybe both parties forgot about the opened/closed feature, I don't know.

But bottom line, if there are other windows in houses like your that have windows that don't open in the specific area, they should ok the work and move on. Don't they have enough good stuff to go chase? If you are trying to be cute and tap dance around the board, you should ask yourselve, why?

BonnieE (Illinois)
Posts: 338

Posted:

Hi Robert – you have asked for more info, so here it is. I have copied your reply and inserted my responses between ***.

Ok Bonnie, out with it.
What is your history with the board?

***I was a BOD member since takeover from developer; then Pres until couple years ago (I stepped down due to health); then resigned a year ago at annual election as I believed it was time for “new blood” – fresh thinking. Another “old timer” had also resigned earlier. New members came on (BOD was made up of 3 newbies, 2 oldies following election). Then 2 newbies left and previous oldie came back. Now have 3 oldies and 1 newbie (and 1 open position). Another item maybe of interest – I am friends with 2 of the oldies (have been for many years) and have become friends with current newbie.
***

Has it been a mutual relationship over the years or do you have some other motive?

***No motives on my part. I wanted and needed new windows. I desire a harmonious relationship with my neighbors including BOD. I am (have been) good to close friends with 3 of the BOD members.
***

Do not get the idea I am doing anymore than taking a stab at your problems, just like the other posters. The differences as stated about open/closed window may not even be a factor. Is this a condo?

***
Yes – these are condos per legal definition, but look like townhomes with 4 – 6 units per building; 110 units total.
***

I assume so. But I find it hard in anycase that this itty bitty difference can be cause for this contention.

***
I agree and was very surprised to find out it is an issue.

The 3 oldies have been picky on some things, and less so on other things. As previously stated, the Rules are general with regard to replacements so over years BOD has unwritten “guidelines” that they have followed.
***

Tell them the windo opens, unless there is some fire code or very specific wording regarding closed/opened windows, I can't see the reason for either side to come to grips. Is this just a case of a knowledgeable homeowner wanting to do right and researched the requirements so he could met all requirements or is there something else here. Maybe both parties forgot about the opened/closed feature, I don't know.

But bottom line, if there are other windows in houses like your that have windows that don't open in the specific area, they should ok the work and move on. Don't they have enough good stuff to go chase? If you are trying to be cute and tap dance around the board, you should ask yourselve, why?

***
The bottom line is that I made application to replace my windows sticking to the R&Rs and unwritten guidelines that BOD has used in the past (refer to my earlier posts). I did not indicate which windows open and which one do not. I addressed what the exterior would look like as this has been the unwritten guidelines used in the past.

The one window in question does look like the original window, and is same window as in the model for my unit. It does not open. Some other units have the same window, and some have a window that opens. Why the builder inter-mixed the 2 styles is unknown.

From what I was told by our PM is that the BOD wants a window that opens because they believe that was the original window. The original window was never open, nor did it have a screen.

I honestly do not know for sure why the BOD has made this an issue. I do know that when I was describing what I planned to do with my close friend/neighbor (she is also the BOD Pres.) - we have shared in our upgrades to our condos - she did not say anything about this non opening window potentially posing an issue.

I also can tell you that once the work was completed, another good friend/neighbor (also on BOD) stopped by to see them, along with our other friend (Pres.). She asked whether that window opened. I said it does not. I also pointed out the model for my unit (located in building next to mine) has the same window. We further discussed the window and other differences between the units - saw that some units have a non opening window and others have a window that opens.

The next thing to happen was I received a letter from the BOD stating that I must replace my window with one that opens within 30 days. There had been a BOD meeting a few days following our conservation. According to the PM, this item was discussed and the 3 members present had decided (the 3 oldies; 4th member was not there) it must be replaced because it did not match the original (Rules state must be “like” original, not match original). The PM could not tell me anything else that was said.

As I have said, I will resubmit and hope for the best.
You have some good questions - I hope this answers them. Thank you - Bonnie
***

GlenL (Ohio)
Posts: 5,491

Posted:

But Bonnie it is not "like" the one it replaced the one it replaced opened; it may be the same general style used in another building but it wasn't the style used in your building. You can argue semantics all you want but the bottom line is: You screwed up. Now I'm not saying you were malicious but you admitted that when you applied that you didn't mention you were changing a window that opened to one that didn't and you bragged about it when showing off your unit to BOD members.

Ask the BOD for approval of the change and hope for the best but don't be surprised if they rule against you, friendship aside, as the mafia say in the movies: "Business is business." I would also volunteer to work with the BOD to write down the "unwritten rules" to keep other owners from going through what you're going through. Also know that it doesn't just happen to you, my upstairs neighbors replaced their windows with ones they claimed were "like" others in the building; they weren't and they had to replace them again.

Studies show that 5 out of 4 people have problems with fractions

BonnieE (Illinois)
Posts: 338

Posted:

Hello Glen – Thank you – I will respond in a similar fashion as done previously.

But Bonnie it is not "like" the one it replaced the one it replaced opened; it may be the same general style used in another building but it wasn't the style used in your building. You can argue semantics all you want but the bottom line is: You screwed up. Now I'm not saying you were malicious but you admitted that when you applied that you didn't mention you were changing a window that opened to one that didn't and you bragged about it when showing off your unit to BOD members.

***1st: I did state that in my earlier posts - that I had changed the window to one that did not open and that my application did not indicate this. Yes, this was my mistake. I also said I would send a letter to the BOD apologizing for the lack of detail in my application and ask for approval for the non opening window.

2nd: To give you an idea of how the BOD has used their own discretion as to what “like” means, here are examples of approved replacements in my building (6 units): we have 2 styles of replacement sliding doors (plus original); we have 3 styles of replacement windows (plus original); 4 styles of coach lights (2 differing colors); 4 styles of storm doors (plus 2 units without storm doors); 2 front doors without brass kick plates (others have them); 3 styles of front door handles in 3 differing colors. My point is that replacements have not matched the originals; were considered similar enough in appearance to be found approvable. I believe that my window is similar enough in appearance to go forward and request its approval.

3rd: I did not brag about my windows to BOD members, nor to anyone else. I am sorry if my response sounded like that. We (friends & neighbors) share information about upgrades and replacements. In this instance, several friends, two of whom are also on the BOD, came over and wanted to see the windows after they were in place. I had also discussed the proposed windows with several friends for their input prior to making my decision on whether to replace a few or all, which manufacturer to go with, interior style, etc.
***

Ask the BOD for approval of the change and hope for the best but don't be surprised if they rule against you, friendship aside, as the mafia say in the movies: "Business is business." I would also volunteer to work with the BOD to write down the "unwritten rules" to keep other owners from going through what you're going through. Also know that it doesn't just happen to you, my upstairs neighbors replaced their windows with ones they claimed were "like" others in the building; they weren't and they had to replace them again.

***Friendship and HOA business are separate. It would be a conflict of interest otherwise.

When I was BOD Pres. I tried to get agreement to write the “unwritten guidelines” into our governing docs. I was outvoted on this. This also applies to several other Rules which are not specific. I also tried to get agreement to form some committees (such as an ARC and landscaping review cmte.), and again could not get agreement. The BOD wants to do everything themselves. I will consider volunteering. One additional note, FYI – we have one open seat on the BOD. We did not have a quorum at the annual election in March, so the same BOD members remain on the BOD. Recently, a HO volunteered to fill the empty seat until the next election. Per our governing docs, the BOD may appoint a HO to fill an empty seat until the next election. The BOD declined the offer. The HO plans to run in the next election.

Glen – I appreciate your responses, especially as they are helpful as I prepare my response to the BOD. Thanks! Bonnie

P.S. I am curious about your neighbor’s windows – how were they different from what is required in your HOA?

GlenL (Ohio)
Posts: 5,491

Posted:

Our community was build in two styles with the front 6 buildings one style brick fronts with aluminum siding on the sides and rear with plain windows and the four back buildings with all vinyl siding with the windows having a white metal grid dividing them in faux lights. They used the style for the front buildings with the plain glass.

Studies show that 5 out of 4 people have problems with fractions

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Bonnie and Glen AND Robert1,
Scan back over this post and see if anyone can honestly critique what was said here. There has got to be a better way to skin this cat. I suggest we look at the problem nd see if it is possibly going to make any difference five years from now whether the window opens or not. There is obviously good intentention on the both sides and if one was to announce the other side winner of the battle, who would care. Why not draw straws? Settled many a disaggreement when I was a kid. Maybe that is the way to run the world, who ever gets the shortest straw wins.

BonnieE (Illinois)
Posts: 338

Posted:

Good point, Robert!

No. it will not make any difference 5 years from now if this window stays a non opening window or is changed to a window that can be opened.

If I had insisted the builder replace it in the 1st place, there would be no issue.

In the 2nd place, given the location of the window, it is inaccessible and can not be reached to open it, so there is no loss of function.

I am not looking at this as there being a winner and loser. The BOD can claim victory. I just honestly think the window looks like the original, and am requesting and hoping for its approval.

Any other ideas would be welcomed!

BonnieE (Illinois)
Posts: 338

Posted:

And, Glen - thanks - I can certainly understand the difference between clear view glass and glass with the grids - as in your neighbor's situation. We had that happen here, too - the glass had to be replaced.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Bonnie,
With no intent to be sarcastic I might suggest to put up a sign in the window, no matter how it ends, "Thank you BOD for your sage decision.
I have altered the window to open, or did I fix it so it can't be opened, I can't remember now but I am happy to move on."

DJ1 (Ontario)
Posts: 798

Posted:

Tell em the fixed window does 'open', you just need to remove the screws!

BonnieE (Illinois)
Posts: 338

Posted:

A hearty “Ha-ha” to both of your replies, Robert, DJ. Thanks....

:-)

TodW (Florida)
Posts: 5

Posted:

Quote:

Posted By BonnieE on 07/01/2008 2:16 PM
You can argue semantics

I think this is the only point you need to be concerned with if you are going to fight for it. Semantics are kinda one of the building blocks of law. I'd drop the non-opening/opening part in your discussions, that part can be more easily argued. I would just state that the windows you put in are like the originals and leave it at that. I wouldn't say any reasons why I think they are like it (will lead to "but they don't open").

TodW (Florida)
Posts: 5

Posted:

That quote was from GlenL...no edit function here?

Hello
(just a test)

BonnieE (Illinois)
Posts: 338

Posted:

Hi all,

Here is another post script on an issue I wrote about: “is Board nit pickin about window replacement” (we had a board meeting last week).

First, I want to thank all of you for your advice, questions, etc. I found it to be very helpful.

Now the follow up:
I sent a letter of apology to the Board for not providing information on my original request as to whether the new windows would open/close or were fixed. I explained that the lack of this info was not intentional on my part, but a mistake. I provided an amended Additions & Alterations request, asked the board reconsideration of their “order” to replace the window, and to consider approving my request for the fixed window.

The board did not address my A & A request nor specifically address what was in my letter. The Board held a violation hearing (which I did not attend), although I had offered to meet with the Board otherwise (it is my understanding that they had classified this as a violation as I did not replace the window as requested in their original letter). I did attend the Board meeting, but they did not discuss the window issue with me.

Via a letter, their determination was that since I did not attend the hearing that I “have admitted to the violation by default”; that I am found guilty of a violation of replacing a window that could open with one that does not open without obtaining prior approval; that I am fined $100.00; and that the non opening window can remain in place.

The specific language: “the Board has come to the final conclusion that in the best interest of the association, the Board will allow the window to remain a stationary window in place of the previous window…”

Then the letter closed stating that the finding of the Board is final and binding, they deem the matter closed, and will entertain no further discussion.

Hindsight is 20/20 – yes, I should have attended the hearing.

And, I'm not sure what they mean by it being in the best interest of the association to allow the window to remain.

If any of you have any further thoughts on this, I would certainly welcome them!

Thanks,
Bonnie

GeorgerwilliamsW (Indiana)
Posts: 975

Posted:

You have board that is arrogant, un-neighborly, and absorbed with their position of power.

This situation is another example of why laws need to be changed to control the power of boards. They should not have the powers of police, enforcement, interpretation and adjudication without a check and balance.

Where has reason gone?

DonnaS (Tennessee)
Posts: 5,671

Posted:

I guess that George is our unofficial Board nay sayer from his several posts this afternoon.

"They should not have the powers of police, enforcement, interpretation and adjudication without a check and balance."

The Documents of all associations give the Boards the very powers that obviously are trouble to George. The members are the checks and balances. If they, the membership, fail to follow their responsibility as owners, then there lies the problem.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Bonnie,

Frankly I don't understand the reason for the $100 fine. The board changed their mind and now will allow you to keep the window therefore you are no longer in violation." They may not have levied the fine had you attended the meeting. The best interests of the community" I guess means they must have received some unflattering feedback and thought it best to allow the window or they are just not "man" enough to admit they erred so they'll put the onus on the "community".

KirkW1 (Texas)
Posts: 1,665

Posted:

Bonnie,

If it were me, I would pay the fine. I would also forward a copy of your amended request and the Board's response of a fine while allowing the window to remain to all the members as soon as the notice of the next annual meeting.

Perhaps the best way to deal with this is to expose the Board to the membership. Any attempt to fight the fine will cost more then the $100. But that could certainly place a burden on the Board to explain the whole thing to the membership.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Bonnie,
I think I can answer your question about why the Board comsiders the matter closed. We here on this site get one sided information and I call this to your attention. That also means we give a sort of slanted advice at times. I expect the Board was tired of the whole thing and is looking for a way out. In my opinion their way out was to meet with you and reach a compromise. They chose not to do this in order to show the "hammer" that they are in control. Selfish attitude but not uncommon. I don't know if I would do it but you have to at least consider that in some ways you did win a small victory. You got their attention, they have conceded the window can stay (and well it should) and maybe your $100.00 is money well spent because it may give the Board pause the next time they find themselves in a no win situation. I think your apology was the right thing to do, and you should feel good about it, no matter the boards response, they can worry about their lack of manners.

TamaraW (Ohio)
Posts: 193

Posted:

I so would not pay this if you have proof that they approved your window. Did they ask you if it opened or not? Is there a regulation that your windows have to open? I would call the community together, expose them for what they are doing, and get that waived.

This is ridiculous. The Boards position should be none other than looking out for what is best for the community and homeowners.

Tape the $100.00 to the inside of the window that does not open and tell them if they can get it without entering your property and or destroying it they can have their fine. Jk I would fight this and get the community to surround me.

KirkW1 (Texas)
Posts: 1,665

Posted:

Quote:

...Tape the $100.00 to the inside of the window that does not open and tell them if they can get it without entering your property and or destroying it they can have their fine. ...

This is very bad advice. Not paying the fine can lead to a lien and associated costs. In the end, the HOA will get their money. Further a fight in this matter will make her look like an aggressor and turn people away fro her cause.

Paying the $100 clears a chance they will take further action. But she can tell others of the way the Board has treated her and possibly affect the election. Of course the downside is that if many in the community feel she is wrong, then she will only solidify support for the Board.

One should never assume that neighbors are on your side. We had a resident ask his neighbor to lie to the Board about an improvement. The neighbor wants to file a formal complaint with the HOA. Now when dealing with the infraction (unapproved addition of a porch cover) we have to deal with how a POed neighbor sees his addition and himself.

TamaraW (Ohio)
Posts: 193

Posted:

Silly, that was not advice, it was a joke. Homeowners have rights as well, a right not to be bullied. I feel this BOD is bullying the homeowner. Especially when you take this and the tree post and put them together.

I know associations have funky ways of running things, they may all differ from city to city, state to state. This would not fly in our community or state. It seems as if they are letting her live in "violation" for $100.00. It was either a violation or not. She could fight the lien with her documentation as well as foreclosure. She could even ask the association pay for her legal expense and I am almost certain in feeling the Judge would grant that for the undue stress the BOD is causing this homeowner.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By MaryA1 on 09/12/2008 2:54 PM
Bonnie,

Frankly I don't understand the reason for the $100 fine. The board changed their mind and now will allow you to keep the window therefore you are no longer in violation." They may not have levied the fine had you attended the meeting. The best interests of the community" I guess means they must have received some unflattering feedback and thought it best to allow the window or they are just not "man" enough to admit they erred so they'll put the onus on the "community".

Yes, but they have asserted their power. (sarcasm)

That's what they consider the "best interests of the community," I guess.

I would pay, of course, but what a circus!

My biggest issue with this board is their unwillingness to document standards.

BonnieE (Illinois)
Posts: 338

Posted:

Hi again!

Here is my take:

They allowed me to keep the window “in the best interests of the association” because it could lead to a law suit which they would likely have lost. I say this because they had no proof as to which type was the original window, this same window is in the same location in some of the other buildings, and the language in the governing docs is quite vague. Refer back to earlier in this post – the Board wasn’t sure what to do when I asked for approval of the fixed window.

Also, I didn’t mention this, but the paragraph with that statement also said the Board had discussed this with the attorney and upper management of the PM Co. – whom I am guessing had advised them that they did not have a good case to deny the window. As several of you have also said, they did not ask if the windows open or are fixed; they have approved windows in which both parts can open (double hung – originals are single hung); and there are no standards nor approved architectural styles.

As to the $100.00 fine, I think that they figured I wouldn’t fight the fine (would cost me more in legal fees) - and – money is very tight due to foreclosures and poor budget planning/decisions over the past several years. Now that I think about it, perhaps the $100.00 is intended to help cover the attorney’s fee for the consultation.

In conclusion, I have a rather expensive window, and have learned some valuable lessons.

Thank you to all of you who have contributed to this post!

Bonnie

P.S. Because of the Board’s unwillingness to develop standards for anything (except garage door), perhaps this will be a lesson to them of what can happen when there are none.

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