💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

NancyM16 (California)
Posts: 1
Posted:
More than one year ago, I submitted a request to replace the windows in my single condo. At that time, I asked my management company if I should contact the provided vendor to get an estimate. The management company said "yes." The vendor came out and notified me that the laws had changed regarding the type of window he could legally install under the proper permit. He told me that he would contact my HOA and let them know about the changes in the law. I also contacted my HOA as suggested by the vendor. What has ensued has been a search into determining if the address of the building I live in (10 units) is a historical address. The city has declared the neighborhood historical but the city never specifically answered whether the address is historical. The city suggested window changes fell under "historical." Board members are at odds with this response due to non-specificity of historical address. I am still without new windows.

I have made it clear several times, verbally and in writing, that I have only one window that locks (1 out of 6) and this is a safety issue for me. There have been attempts by the Board President to push this issue forward to resolve but other board member is not moving from his position. Over the year, I have written to both board members and management company asking about progress and little has been said. In fact I wrote nearly one month ago and NOBODY responded. I believe my emails have been courteous, inquisitive, and direct.

QUESTIONS: Is there a legal timeline by which this issue should be resolved or am I at the mercy of their imposed timeline?
What can I do??? I'm not interested in litigating but definitely feel ignored as I continue to pour my quarterly dues into this HOA. Is it fair that this process is not only inhibiting my safety but preventing me from upgrading the value of my home?

THANK YOU for any advice as to how I can move this issue forward!!
TimB4 (Tennessee)
Posts: 21,062
Posted:
It will depend on the language in your governing documents and applicable law.
As you are in CA, you may want to visit davis-stirling.com which is a good resource for CA laws and HOA/COAs.
RichardP13 (California)
Posts: 3,868
Posted:
By law, the association must send out on an annual basis certain documents to be in compliance with Civil Code. One of those disclosures is the policy for Architectural Application Review and our stated policy is a review with 45 days of receipt of application.

In addition, I am unaware of any changes in laws as it pertains to windows.
RichardP13 (California)
Posts: 3,868
Posted:
Nancy

The timeline should be in your CCRs under the Article identified as Architectural Control Committee, or something to that effect.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By NancyM16 on 08/01/2015 11:19 AM
What can I do??? I'm not interested in litigating but definitely feel ignored as I continue to pour my quarterly dues into this HOA. Is it fair that this process is not only inhibiting my safety but preventing me from upgrading the value of my home?

THANK YOU for any advice as to how I can move this issue forward!!

1. Grow up.
2. Quit whining.
3. Act like a big-girl property owner with legitimate safety concerns and take the issue to court where it can be resolved.

NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By NancyM16 on 08/01/2015 11:19 AM
The city suggested window changes fell under "historical."

If there are historical limitations, I think that those would override any rules or guidelines that your HOA may have.

My guess is that your board isn't pursuing it because they don't think it's their responsibility to find out whether a historical limitation does in fact exist. If it does exist, then they probably can't approve on their own.

Unfortunately, it looks like it's on you to dig deeper.

Can you provide a bit more detail on exactly who from the city said what about the windows?

Sikubali jukumu. Read all posts at your own risk.
KerryL1 (California)
Posts: 14,550
Posted:
Like NpS (but unlike Larry) I think you need to dig deeper. Get a letter from The City on its letterhead saying whether you can update your windows. Request that someone from The City come and take a look at your specific condo property.

In our condo building, it's on the owner to seek permits, etc., from The City when required. Neither our board nor Arch. Comm. does that work

Richard is right; in CA you must receive a memo every year from your HOA summarizing your architectural guidelines

What if something damaged your window and you were forced to replace it? Would you have to try to find an "historical" window as a replacement?

But I'm curious about a couple of things. Why do you only have two board member? How many do your governing documents (usually your bylaws) say you should have. Generally, in small HOAs three are required to avoid tie votes which seems to be what you have in your situation.

Why do you have a mgmt. co for such a small HOA? Not unheard of, of course, I'm just curious.
KerryL1 (California)
Posts: 14,550
Posted:
Like NpS (but unlike Larry) I think you need to dig deeper. Get a letter from The City on its letterhead saying whether you can update your windows. Request that someone from The City come and take a look at your specific condo property.

In our condo building, it's on the owner to seek permits, etc., from The City when required. Neither our board nor Arch. Comm. does that work

Richard is right; in CA you must receive a memo every year from your HOA summarizing your architectural guidelines

What if something damaged your window and you were forced to replace it? Would you have to try to find an "historical" window as a replacement?

But I'm curious about a couple of things. Why do you only have two board member? How many do your governing documents (usually your bylaws) say you should have. Generally, in small HOAs three are required to avoid tie votes which seems to be what you have in your situation.

Why do you have a mgmt. co for such a small HOA? Not unheard of, of course, I'm just curious.
MarkM31 (Washington)
Posts: 556
Posted:
Quote:
Posted By LarryB13 on 08/01/2015 1:28 PM
Posted By NancyM16 on 08/01/2015 11:19 AM
What can I do??? I'm not interested in litigating but definitely feel ignored as I continue to pour my quarterly dues into this HOA. Is it fair that this process is not only inhibiting my safety but preventing me from upgrading the value of my home?

THANK YOU for any advice as to how I can move this issue forward!!


1. Grow up.
2. Quit whining.
3. Act like a big-girl property owner with legitimate safety concerns and take the issue to court where it can be resolved.


Ever the diplomat

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here