Replacement Windows

Started by LindaM5 • 16 replies • 3583 views

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LindaM5 (Texas)
Posts: 32

Posted:

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!

GlenL (Ohio)
Posts: 5,491

Posted:

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.

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

MaryA1 (Arizona)
Posts: 7,043

Posted:

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.

KirkW1 (Texas)
Posts: 1,665

Posted:

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.)

MaryA1 (Arizona)
Posts: 7,043

Posted:

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.

LindaM5 (Texas)
Posts: 32

Posted:

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!!!

KirkW1 (Texas)
Posts: 1,665

Posted:

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.

TimmyW (Colorado)
Posts: 1

Posted:

I agree with the previous replies. There is no way the HOA can force you to purchase the windows if you don't have the money. If they want you to replace them because of the looks, then they need to pay for it themselves. That being said if you are still looking for windows there are some reasonable sellers out there. NOT ANDERSON. But I got some other quotes from champion and Conservation Construction and they were reasonable. Please don't let the HOA bully you like this. I have had similar struggles with my HOA. know that you are not alone!

JenniferG11 (Texas)
Posts: 667

Posted:

The BOD can and basically has to approve the 'deviation' if you are buying the closest you can to match what is there for most of the units.

Do they really look so different? The color and style are going to match, aren't they?

GeorgeS21 (Florida)
Posts: 3,808

Posted:

A bit shortsighted regarding the original language ...should obviously included the windows in the HOA cost in order to ensure uniformity.

Ya know, my sense is that mill finish insulated aluminum windows ar still available ... been a few years since I looked into it, but I’ve seen them installed recently.

EllieD (Vermont)
Posts: 446

Posted:

This is a ten year old thread (2008) - reactivated.

JenniferG11 (Texas)
Posts: 667

Posted:

Quote:

Posted By EllieD on 07/31/2018 8:00 AM
This is a ten year old thread (2008) - reactivated.

I hate it when that happens, lol.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Someone please help me on how this happens.

Did TimmyW restart it by replying to the old post - OR, do posts get recycled by the server?

JenniferG11 (Texas)
Posts: 667

Posted:

Well, how I found the forum was goggling a question. One of the top 'hits' was a thread on here regarding that topic. I probably didn't notice the date of it and started typing in it at the start.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By GeorgeS21 on 07/31/2018 12:36 PM
Someone please help me on how this happens.

Did TimmyW restart it by replying to the old post - OR, do posts get recycled by the server?

Usually someone will query Google with an HOA-related question and the search results will include links to old threads here. Then the poster will just piggyback onto the old thread without checking to see how old it is. It happens a lot. Better website software would lock old threads after a certain period of inactivity. So it's a combination of decrepit website forum software and people who leap before they look.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Hmmm .... I’ll just have to be more careful ...check dates first!

JenniferG11 (Texas)
Posts: 667

Posted:

I don't see why it's a big deal. I have been helped by old threads that got bumped, and old threads found on google when I put in a question and this forum comes up. They don't all contain matters where laws have changed making them irrelevant.

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