P.M. from outside of Connecticut writes:
Dear Mister Condo,
Can a condo board mandate replacement windows for all units, whether or not there is a problem with the individual unit owner’s windows? Since the building is over 20 years old, many windows are rotting and causing damage to underlying surfaces, but not every owner has these issues.
Mister Condo replies:
P.M., the short answer is “it depends” and what it depends upon is the language in your governing documents that address common and limited common elements of the association. If the documents give governance control over the windows, the Board is well within its right to mandate replacements. If the windows are solely under the control of the individual unit owners, then the Board may not have the right to mandate replacement. In my experience, the former is far more common and the Board very likely does have the power to mandate that the windows be replaced. If the windows are 20 years old, they very likely have outlived their life expectancy regardless of their current condition. It’s time for new windows, mandated or not. Good luck!