Introduction to Hurricane Window Replacement Disputes
The removal of hurricane windows during condo restoration projects can lead to disputes between condo associations and unit owners. In a recent case, a condo owner’s hurricane windows were removed due to a permitting issue, and the owner is seeking reimbursement for the cost of installing new hurricane protection.
Understanding the Responsibility for Replacement
The responsibility for replacing hurricane windows removed during condo restoration projects can be unclear. Condo associations typically handle "common elements," while owners are responsible for the contents of their units. However, hurricane windows often fall into a gray area, making it essential to review the condo’s governing documents to determine the responsible party.
Documenting the Case
To build a strong case, it is crucial to document everything, including conversations with the board, property manager, and contractor. Photos of the lanai before and after the work were done can help establish the extent of the damage. Researching the replacement cost of reinstalling hurricane protection can also provide valuable evidence.
Reviewing Governing Documents
The condo’s governing documents, including the bylaws, should be reviewed to determine the responsible party for replacing hurricane windows. Knowing precisely what the bylaws state can help present the case effectively and support the demand for reimbursement.
Escalating the Issue
If the condo association refuses to reimburse the owner for the cost of replacing the hurricane windows, the issue may need to be escalated. This can involve filing a complaint with the building department if the city code was violated. Consulting an attorney who specializes in condominium and construction disputes can also provide guidance on the best course of action, including mediation, arbitration, or a lawsuit.
Protecting the Unit
In the meantime, it is essential to protect the unit from the elements. Installing a temporary covering and saving receipts can help recover costs later. Condo repairs and renovations can be messy, and effective communication among the various parties involved is critical to avoiding disputes.
Conclusion
Disputes over the replacement of hurricane windows removed during condo restoration projects can be complex and frustrating. However, by staying organized, persistent, and informed, condo owners can increase their chances of getting their home restored and their rights respected. It is crucial to document everything, review governing documents, and seek professional advice when necessary.
FAQs
- Q: Who is responsible for replacing hurricane windows removed during condo restoration projects?
A: The responsibility for replacing hurricane windows can be unclear and may depend on the condo’s governing documents. - Q: What should I do if my condo association refuses to reimburse me for the cost of replacing hurricane windows?
A: You may need to escalate the issue by filing a complaint with the building department or consulting an attorney who specializes in condominium and construction disputes. - Q: How can I protect my unit while the dispute is being resolved?
A: Installing a temporary covering and saving receipts can help recover costs later. - Q: What is the best way to communicate with my condo association and other parties involved in the dispute?
A: Maintaining a polite yet firm tone and following up regularly can help resolve the issue efficiently.
Q: My condo apartment’s back lanai has been undergoing concrete restoration for a year, and my unit was the first completed. There is an ongoing debate between the association and engineers about what to do with the hurricane windows and shutters on the lanai edge. Meanwhile, the association and contractors removed my hurricane windows due to a permitting issue. Most homeowners kept their windows, but mine were removed. I’ve requested in writing that they cover the cost of installing new hurricane protection. What can I do? — Irene
A: Unfortunately, this sort of thing happens more often than it should. The good news is, you’re not powerless.
Start by documenting everything. Keep a written log of conversations with the board, the property manager, and the contractor. Find photos of your lanai before the work and take some now that it is done. Focus on the spots where your windows and shutters were removed. Research the replacement cost of reinstalling hurricane protection.
Next, check your condo’s governing documents. Associations typically handle “common elements,” while owners are responsible for the contents of their units.
However, hurricane windows often fall into a gray area, so the fine print matters. Knowing precisely what your bylaws state will help you present your case effectively.
You have already taken the right step by putting your demand in writing. Maintain a polite yet firm tone and follow up regularly.
If that still doesn’t work, you may need to escalate the issue.
If you believe the city code was violated, you can file a complaint with the building department.
You should also consult an attorney who specializes in handling condominium and construction disputes. A lawyer can help you decide whether mediation, arbitration, or even a lawsuit is appropriate.
In the meantime, protect your unit. If your lanai is exposed to the elements, install a temporary covering and save your receipts. You may be able to recover those costs later.
Condo repairs, and especially large-scale renovations, can be messy. The various people involved in a large project, such as board members, engineers, contractors, and inspectors, often fail to communicate effectively, leaving owners feeling caught in the middle.
This can be daunting and frustrating, but by staying organized, persistent, and a little stubborn, you give yourself the best chance of getting your home restored and your rights respected.
Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro.Â
