Condo Owner Makes Deposit on Unapproved Replacement Windows

C.I. from New Haven County writes:

Dear Mister Condo,

I am in the process of replacing my condo windows using a large chain store. I chose an Anderson window that fit the specs exactly and all information was submitted to the management company. The board voted no on the windows and stated only one brand of window, Alside Ultramaxx, can be used. At this time my windows were made and I had put down a deposit. The previous rule was as long as the window fit the specs it would be approved never anything about a specific brand. They also recommend the vendor. Can a condo board do this? How can I obtain bylaws that reflect this?

Mister Condo replies:

C.I., the short answer is “yes”. The condo board is the governing body that approves architectural compliance guidelines which are outlined in your governance documents. It typically states than any improvements must be association approved. I am sorry you had already put down the deposit on the windows when you were told “no” by the Board but you should have gotten the approval first by simply submitting the window proposal to the Board. They still would have said “no” but at least you wouldn’t have made your deposit. Have you tried working with the store to get back your deposit? If windows were ordered to your specifications, that isn’t too likely but it may be worth asking. There is always a temptation to replace windows on your own and, like most unit owners, you don’t want to spend more than you have to. However, the Board is the final say on such items and you would be well advised to seek their approval BEFORE you order any item that falls under the association’s Architectural Compliance guidelines. Had you purchased and installed these windows, the Board would be well within its right to make you remove them and replace them with approved windows. This would have been far more expensive than the loss of your deposit. I would chalk this one up to a lesson learned. Good luck with your new Board-approved windows. I hope they give you years of enjoyment.