Disagrees With Condo Board’s Decision to Ban New Type of Window

T.Z. from outside of Connecticut writes:

Dear Mister Condo,

Hello! I would like to replace my condo windows. Unfortunately, I am having trouble getting approval from Condo Association because I have chosen different type of window operation. It is a Tilt and Turn window, which are three windows in one. Depending on the handle position, they can be operated as a fixed window (handle in 6 o’clock position), inward casement window (handle in 9 o’clock position) or hopper window (handle in 12 o’clock position).

They provide excellent ventilation control. The tilt position opens the sash inwards at the top to provide indirect ventilation while maintaining security and safety. This angle allows air to come through the sides while hotter air can escape through the top. Other owners have the sliding windows. Though both types of windows look absolutely the same from the outside, condo association does not agree with the installation tilt and turn windows. Condo Association doesn’t mind color or window material, just the window operation. Is there any possibility how to change their mind? I understand that association must approve the size, glass, color etc. but the operation system? I would highly appreciate any advice. Thank you in advance.

Mister Condo replies:

T.Z., they certainly sound like nice windows and I can see why you want them. However, in all matters of architectural compliance, the Board has the final say on which window products can and cannot be installed in the individual units. The Board is very likely sticking to their guns on the windows, as they don’t want to open the door to folks changing other elements of the exterior design. However, you have every right to ask for an exception or variance and ask the Board to reconsider your request. You also have the right to seek like-minded unit owners who might also like to install the type of windows you are proposing. However, unless the Board approves their installation, you may not install them. If you do, the Board will likely sue you for violating the architectural compliance rules and you would be forced to remove the windows and install association-approved windows in their place. That would be a costly lesson for you, T.Z.. Speak with your neighbors and see if you can find a dozen or so folks who feel as you do that the new windows would not affect the look, just the function. Ideally, win over a Board member or two on the idea as well. Good luck!