Need Clarification

Started by MiaR1 • 2 replies • 237 views

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MiaR1 (Illinois)
Posts: 46

Posted:

Our Decs and Bylaws were amended in the mid 90s but our HOA was created in the 80s.Our Condo units have double aluminum windows. Outer windows are storm windows and inner windows are regular windows original to the building built in the 70s. For some owners They’re starting to leak into units during rainstorms.
Illinois Condominium Act confuses further about the windows.

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2200&ChapterID=62

Sections 2 and 4.1 are relevant to windows, common elements, limited common elements.

Our Decs don’t mention it in common elements and windows are not clearly defined in limited common elements. But windows in each unit is for exclusive use of its particular owner.

Leaks are from outer windows seeping inward and outer windows must be replaced by the HOA at HOA expense not at owner expense. But Association attorney says windows are owner responsibility. Whose responsibility are outer window replacement? Any thoughts would be appreciated.

Since all windows of the building are original, is it not discriminatory practice to force some owners to replace their windows while not to others?

Also, what if my windows are not causing any damages to any common element nor to any structure, can the HOA force me to replace mine?

ElleN (Idaho)
Posts: 4,420

Posted:

-- Have you confirmed that the Illinois Condo Act applies? Sometimes older condos are not subject to their state's condo act.

-- The Condo Act states: Any shutters, awnings, window boxes, doorsteps, porches, balconies, patios, perimeter doors, windows in perimeter walls, and any other apparatus designed to serve a single unit shall be deemed a limited common element appertaining to that unit exclusively. See section 4.1(a)(5).

-- This part of the Condo Act also seems relevant: The condominium instruments may provide for the assessment, in connection with expenditures for the limited common elements, of only those units to which the limited common elements are assigned. In other words, if the association fixes the outer windows, I think it has the right to assess the owner of that unit for the repair.

-- I get the sense you are sitting there trying to save money. Meaning you want to force the HOA to pay for these repairs. But who ultimately pays for these repairs? The owners.

-- The maneuvering here, by both sides, is common. Arguing over who-pays-what-is-common. It is the price of close living in a condo association. This is especially so in older condo buildings. If you keep reading at this forum, you will see how frequently disputes like yours arise. They are not solved easily. If I may: One should try to benefit from the experience of others (I know that's hard for me and many people); take a whole view approach to the greatest extent possible; and take an approach that minimizes heightened emotions.

-- I am not saying you are wrong. But I am not currently persuaded you are right here.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

If the owner is responsible for the windows, then the HOA is responsible for setting up a "standard" for the window replacement. The HOA needs to decide what is the right color/type of window one can replace with. The owner then applies to be approved to whatever that HOA standard is.

Now if you all want the HOA to pay for replacing the windows, then expect a huge special assessment. That is because a HOA is ONLY funded by it's members for it's members. This would be a special assessment unles it's part of the capital reserves. Which I doubt.

Former HOA President

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