responsibility for damage to windows by HOA contractor

Started by BonnieE • 7 replies • 1860 views

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BonnieE (Illinois)
Posts: 338

Posted:

Hello!

I am a HO in an IL condo. I am very well acquainted with our laws, declarations, by-laws, etc. having served on our BOD for ~12 years.

My building recently had the siding replaced and this caused damage to six of my windows. The siding was done via a BOD hired contractor; windows are a limited common element and are the responsibility of the HO; I replaced the windows in 2008 and they are still under warranty.

I have a repair proposal from the company that installed my windows for ~$800. I contacted the siding contractor and they are questioning why the repair needs to be done; they had looked at the windows and want to meet with the window company.

I initially discussed this issue with the PM, who had told me I should follow up with the siding contractor as the windows are my responsibility (although I could send a request to the BOD). Being familiar with the operation of a BOD and the timeframe, I contacted the siding company directly. Note that during the siding replacement, my outdoor condenser unit was also slightly damaged and the siding company promptly and without question paid for the service visit/repair (<$100) by my HVAC company.

Any suggestions?

Thank you!
Bonnie

MarkM31 (Washington)
Posts: 556

Posted:

The windows aren't your responsibility, they are your property. They were damaged by the siding contractor, so it is on that contractor and the BOD to make you whole.

How much time has elapsed since the siding contractor went to look at the damaged windows? What is the damage?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By BonnieE on 04/14/2015 9:46 AM

I have a repair proposal from the company that installed my windows for ~$800. I contacted the siding contractor and they are questioning why the repair needs to be done; they had looked at the windows and want to meet with the window company.

Any suggestions?

Thank you!
Bonnie

Suggestions are simple. Your contractor appears willing to pay for any damage but questions the amount of damage. Therefore do as the contractor requested.

Arrange a meeting between the two companies.

I'd suggest that the meeting be held on site with you present. You also need to inform the window company of the reason for the meeting - for them to defend the cost of the repairs to the siding contractor (as the issue may end up going to court to be settled if the two can't come to some agreement)

It is possible that the window company is giving you bad advice simply to make a larger sale. It's also possible that the damage can be repaired less expensively.

While you are waiting for the two companies to meet. Hire a certified inspector to look over the windows and damage and get an unbiased opinion (meaning an opinion from someone who doesn't have anything to gain or lose from the situation) on the issue.

BonnieE (Illinois)
Posts: 338

Posted:

Hi Mark, Tim – thank you for responding. To answer both of you:

The siding contractor said they looked at the windows on Friday, 4/10/15. They would have had to view the windows from the ground though as I have a 2nd floor unit, I was here all day since I work here, and 2 of the windows are in the room I work in – I did not notice they were up on a ladder to see the windows.

The damage: The 2 double sized windows (they are all Marvin Infinity windows and originally cost ~$5200) were pulled out away from the building wall, as evidenced by the interior gapping created between the window edges and the side trim and window sill (the widest gap was just over 1/8”). This was from the removal of the siding under the window exterior trim. The windows are back in place. The interior trim and sill need to be recaulked (which the window company was going to do free of charge). But upon inspection of the exterior, the aluminum coil trim around the windows has been pulled away/bent. The proposal is to replace the exterior trim and recaulk around the exterior of the windows.

I have seen the damage. Based on what I originally paid for these windows in 2008, I do not think the cost for repair is unreasonable (the $790 repair estimate breaks down to ~132 for each of the 2 regular sized windows and ~264 for each of the double sized windows).

I’ll arrange the meeting and hopefully this can be easily resolved.
Thanks again for your suggestions!

MarkM31 (Washington)
Posts: 556

Posted:

There could be a legal requirement that the siding contractor be allowed to repair these windows. It is common that a contractor be allowed to repair their construction decencies, even though they are working for the HOA. So even if you hired the glazer to do the repair, you may not be able to recoup your money even in court.

A competent sider should be able to do this repair

BonnieE (Illinois)
Posts: 338

Posted:

Thanks Mark!
If the siding company doing the work does not invalidate my warranty, then it would be fine with me.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Bonnie

I am curious about one thing. If the HOA is paying for the siding replacement then why did you have to pay for window replacement?

Thanks

BonnieE (Illinois)
Posts: 338

Posted:

Hi John,
Under the IL Condo Act, windows are a limited common element and as such are the responsibility of the HO. Our governing docs clearly spell out HO and HOA responsibility for every component of the property, based on the IL Condo Act. For clarification, I replaced my windows in 2008 - not as part of the recent siding project.
Bonnie

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