KP1 (Colorado)
Posts: 73
Posts: 73
Posted:
I replaced 2 windows 4 months ago with prior approval of the Board. The old windows were non-opening and 28 years old and inefficient energy wise. I sent the board photos of the vinyl double paned double hung windows prior to installation and told them that since they only came in tan and white, I would have them painted to match the building paint scheme. I gave the board the date that windows were to be painted, bought the matching paint and work was completed (note here VP lives right next to me and saw the job being done). Vinyl windows should not have the interior track painted so only the flat surface facing out can be painted. I just found out via board meeting last night that the President and VP no longer approve of the window as it looks now, since the tan track is visible and inconsistent with other windows.
Our docs state this:
"Owners Maintenance Responsibility of Units and Apurtenant Limited Common Elements. For purposes of maintenance, repair, alteration & remodeling, an owner shall be deemed to own the windows, doors, interior non-supporting walls, the materials making up the finished surfaces of the perimeter walls, ceilings and floors within the unit, and the unit doors and windows. Such right to repair, alter and remodel shall carry the obligation to to place any finishing materials removed with similar or other types or kinds of finishing materials of equal or batter quality."
I looked up the definition of finishing materials per construction terms - (in construction), materials and items used to improve the service and decorative qualities of buildings and structures, as well as to protect structural members from atmospheric and other effects. The main finishing materials in modern construction include finishing mortars and concretes; natural and artificial masonry materials; decorative ceramics; materials and items made from wood, paper, glass, plastic, and metals; and paints and varnishes.
Finishing materials are usually designed for interior or exterior finishing; some materials are used for both (for example, natural decorative stone, ceramic materials, and architectural glass). A special group consists of materials and items for covering floors, which must meet a number of specific requirements (negligible wear, high impact strength, and so on). Finishing materials also include acoustic materials, which are used simultaneously as sound-absorbing coatings and as a decorative finish for the interiors of theaters, concert halls, and motion-picture theaters.
An arbitrary distinction is made between finishing materials proper, which are used mainly to form decorative and protective coatings (varnishes and paints, wallpaper, polymeric films, linoleum, and so on), and structural finishing materials, which also perform the functions of enclosing members and are components of such members (decorative concrete, facing brick, glass blocks, and molded glass).
I have looked through all our docs and rules and have not found anyplace where it says one is required to get approval for door/window replacement and if not done by board standards, board can remove them. Other noteables.
Structural Changes are- No structural alterations to any unit shall be made or similar work within the common elements shall be done w/o prior consent.
I looked up structural definition - windows do not apply.
Common Elements - means the entire project except all units
Management & Control of Common Elements - HOA is responsible for the Exclusive management and control of the common elements and all improvement thereof. HOA shall be responsible for the maintenance & repair of the exterior surfaces of buildings & improvements, including painting, replacement of trim, caulking.....
Use of common elements - Nothing shall be altered, removed, constructed on common elements w/o board approval.
Sorry for the length of this - just wanted to provide as much info as possible.
Any thoughts on this would be appreciated, especially if you have had a similar experience.
Our docs state this:
"Owners Maintenance Responsibility of Units and Apurtenant Limited Common Elements. For purposes of maintenance, repair, alteration & remodeling, an owner shall be deemed to own the windows, doors, interior non-supporting walls, the materials making up the finished surfaces of the perimeter walls, ceilings and floors within the unit, and the unit doors and windows. Such right to repair, alter and remodel shall carry the obligation to to place any finishing materials removed with similar or other types or kinds of finishing materials of equal or batter quality."
I looked up the definition of finishing materials per construction terms - (in construction), materials and items used to improve the service and decorative qualities of buildings and structures, as well as to protect structural members from atmospheric and other effects. The main finishing materials in modern construction include finishing mortars and concretes; natural and artificial masonry materials; decorative ceramics; materials and items made from wood, paper, glass, plastic, and metals; and paints and varnishes.
Finishing materials are usually designed for interior or exterior finishing; some materials are used for both (for example, natural decorative stone, ceramic materials, and architectural glass). A special group consists of materials and items for covering floors, which must meet a number of specific requirements (negligible wear, high impact strength, and so on). Finishing materials also include acoustic materials, which are used simultaneously as sound-absorbing coatings and as a decorative finish for the interiors of theaters, concert halls, and motion-picture theaters.
An arbitrary distinction is made between finishing materials proper, which are used mainly to form decorative and protective coatings (varnishes and paints, wallpaper, polymeric films, linoleum, and so on), and structural finishing materials, which also perform the functions of enclosing members and are components of such members (decorative concrete, facing brick, glass blocks, and molded glass).
I have looked through all our docs and rules and have not found anyplace where it says one is required to get approval for door/window replacement and if not done by board standards, board can remove them. Other noteables.
Structural Changes are- No structural alterations to any unit shall be made or similar work within the common elements shall be done w/o prior consent.
I looked up structural definition - windows do not apply.
Common Elements - means the entire project except all units
Management & Control of Common Elements - HOA is responsible for the Exclusive management and control of the common elements and all improvement thereof. HOA shall be responsible for the maintenance & repair of the exterior surfaces of buildings & improvements, including painting, replacement of trim, caulking.....
Use of common elements - Nothing shall be altered, removed, constructed on common elements w/o board approval.
Sorry for the length of this - just wanted to provide as much info as possible.
Any thoughts on this would be appreciated, especially if you have had a similar experience.