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TR (Massachusetts)
Posts: 6
Posted:
(Sorry continuing frm last post...) At the time the Board had only one known and recognized contractor, who we told all at Annual Meeting be used. We had never come up with problem before and were learning how to deal. The owner replaced her window and it does not look the same or operate the same as everyone elses. Never told us or got permission.

Owner is selling now. What should we do? Half say, take out windows and replace, half say fine...but if we do that, windows will still be there and encourage others. Should owner disclose to prospective buyerabout possibility of having to replace window? What should we as a Board do that is fair?
Thanks
TR (Massachusetts)
Posts: 6
Posted:
I don't know where first half of post went!...

I am on condo Board. End unit owner replaced windows without apprioval. R&R say"...nor shall anything be done which would structurally change the buildings, without prior written permission on each occasion by the Board of Managers."

The windows look different and do not operate the same as all the rest of the end unit wimdows (slide vs crank)

Please continue to above post
RogerB (Colorado)
Posts: 5,067
Posted:
TR, had the owner been advised in writting on the policies and procedures for alter the exterior of their property? Had they been provided a form with instructions in advance by the Architectural committee? If so, the committee should notify them in writting that the windows must be removed and replaced with windows approved by the Architectural committee.

If the owner sells before the windows are replace a status letter is normally required by the title company. The status letter should clearly state the owner in not in good standing and state the reason why. This may cause the sale to not take place so be carefully that the proper procedures have been followed including those stated above.
TR (Massachusetts)
Posts: 6
Posted:
Hi thanks for timely reply.

No written requirements were supplied. She was present at the meeting when we discussed this last yr. She did sign a form we have that asks if you have a copy of R&R. Because of age of units we are only now setting down an architectural document. Had she done what the R&R say we would have known how she planned to procede and advised her.

if we demand she replace windows, and she refuses, what are our options please?
RogerB (Colorado)
Posts: 5,067
Posted:
TR, I see two.
1)Do not try to enforce.
2) Advise her in writting that she is alledgedly in violation and has the right to a Hearing. That if found to be in violation she will be required to replace the windows with ones approved by the architectural committee. If not replace she will be fined based on your predetermined schedule. And if she plans to sell the property prior to correcting then the association will have to advise on the current status of the property.
TR (Massachusetts)
Posts: 6
Posted:
Thank you! Had to go to Annual mtg...Brought your first message to Board that was there and will put out your second for them to discuss. Great advice! Thanks again!

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