Is legal for an HOA to demand that owner window frames be painted?

Started by SueB9 • 7 replies • 1112 views

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SueB9 (Alaska)
Posts: 22

Posted:

Our HOA, is having our buildings re-painted with a new body and trim color scheme. The Declarations, under Exterior Maintenance, "shall not include glass surfaces", which requires all owners to maintain total responsibility for their own windows, which as we all know, windows are composed of the glass and the framed casing surrounding the glass. So the association has decided that there is not 100% uniformity with window frame colors, with various shades of bronze to taupe, throughout the years, and therefore stated that the painting contractor is required to paint all homeowner window frames to match the new Bronze color of the trim paint chosen with the paint approved for vinyl windows. This action will void many of the homeowners window warranties, because they are vinyl, or non-paintable windows. What recourse do homeowners have to oppose this action, as the board will not give in to some owners who don't want the casings painted?

LetA (Nevada)
Posts: 2,679

Posted:

Window frames are not glass surfaces, ergo it sounds like your HOA is responsible for maintaining the frame.

KerryL1 (California)
Posts: 14,550

Posted:

From what you cited, Sue. Owners are responsible for the glass, but not the frames. I think. Maybe you should cite the whole section that speaks to window frames and glass. Are these condo buildings?

SueB9 (Alaska)
Posts: 22

Posted:

It is impossible when buying windows to not have the frame/casing that holds the glass in place! With that clarified, the owners buy the windows, and most manufacturers like Andersen, Pella, Jeld-wen, Ply-Gem, void the window warranty if the purchaser paints the window frame/casing, after market. Our HOA has always painted our townhomes every ten years or so, with a new body and trim color selection. Trim is referred to the wood pieces cut and attached around the window...not the actual window frame casing. They're doing this in hopes of a uniform look, because the board/architectural committee, has never taken a leadership role in strictly enforcing an exterior window frame color (as a constant) when an owner ordered window replacement. The boards counter-measure solution to paint all the frames, seems like a liability issue to me, and should not force that solution on to the owners, when it breaks the window warranty. The board should be satisfied with a common color for the brick mold trim, and enforce strict exterior color requirement on replacements from this point forward. Painting window frames also creates a new maintenance issue for the board moving forward, because they are demanding that it be done, against some owners opposition.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Never heard that painting causes warranty to be invalidated. The HOA has every right to want to make things "consistent". So I would like to hear how painting window frames effects window warranties. That makes no sense to me and not sure if seen in any documenation involving windows.

Former HOA President

GeorgeS21 (Florida)
Posts: 3,808

Posted:

So much to know.

Some window frames are vinyl ... painting them increases heat in the vinyl ... darker much worse, of course.

Haven’t heard about other materials, and haven’t searched.

Issue has been around a long time.

SheliaH (Indiana)
Posts: 6,964

Posted:

Did you ask these questions of the board? If so, what was the response? It seems to me if you and some owners are concerned about the warranty being voided, all of you should attend the next meeting, express your concerns (perhaps showing the board a copy of the warranty) and see what happens.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

KerryL1 (California)
Posts: 14,550

Posted:

How old is your HOA, Sue? Why are the windows still under warranty? I feel like wee've missing something, or, at last I am.

You make it sound like Owners have individually replaced their windows and frames. If so, why?

The glass in our condo window system can be removed from the interior without removing the frames. But your sound different.

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