…..and here was the brief email exchange…..
(names removed)

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XXXXXXX,

I just received a notice titled “Two Year Window and Sliding Glass Door Replacement Program”…

I just want you to clarify that this program is “optional” and only necessary if the existing windows and sliding glass are not defective and have been properly maintained.

I have already contacted my inspectors when I purchased my unit 1 year ago, and all the inspectors indicated that my windows and sliding glass door are all functionally sound and properly maintained and do not need to be replaced.

According to Article VI, Section 1, I am only responsible for “maintenance and repair”, and that should be my discretion as to whether to repair any issues or replace. I just want to be clear about this. Because if this is NOT the case and this letter is implying replacement is mandatory, this is unacceptable and I will seek legal representation.

It’s absurd that this HOA and property management team is proposing this unnecessary expense throughout this year. This one tops all of it. If there is just cause to suggest that any owner’s window is not providing proper sealing, I would like to see the inspection report of your hired professional that proves that is the case.

-Me

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XXXX,

Please provide your Unit Address.

Thank you.

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From [email protected]
To: XXXXXlcom
Cc: [email protected]

Can you just answer my question: is XXXXX requiring all homeowners to replace their windows/sliding doors or is this just a voluntary program?

There currently is about 4 other condo owners in this community that would also like to know that I am proxying this question for, possibly an additional 6 other condo owners once they respond to my email. Together, we would like you to clarify on the letter that was sent to us by the HOA and XXX informing us of a 2 year replacement window “policy”. I have not seen this policy, and if you have a copy of it, please forward it to me as soon as possible. As a homeowner in this community, I am entitled to see this policy.

In the letter we received, it was worded to suggest that window replacement was mandatory. However, according to the CCR’s, the rules only specifies “proper maintenance”. It does not appear that the HOA or XXXXX has established which windows from which homeowner(s) are out of compliance nor have I received any notices from XXXXXX informing me what the problems are that need attention.

Also, a big red flag for this window replacement policy described in this letter was that the letter suggested windows needed to be replaced because there are close to 30 years old and many of the seals have broken and moisture has become trapped in between the window panes and fogged in between the window panes. This is IMPOSSIBLE for many of us owners, because the original windows are SINGLE pane windows, NOT dual pane windows, so there isn’t 2 layers of glass where moisture can be trapped between. It is also out of the current CCR’s rules to dictate that existing homeowners must upgrade from single to dual pane for energy efficiency. The HOA does NOT pay for the energy bills…We, the owners, do. And single pane versus dual pane does not affect the structural integrity of the building.

I do not understand why recently the HOA and XXXXX has been increasingly asking homeowners to pay for this unnecessary, and unjustified “upgrade”. This $4600 window replacement policy, if it is mandatory, will cause severe issues among many of homeowners. 10 homeowners will incur a $46,000 cost total, and we would like to know why if the windows are not defective.

I own other rental properties locally, many in older conditions that this development, and this community is the first time I ever heard of something absurd like this.

So, for the purpose of clarity among potentially 10 of us in this community, can you please clarify if this “window replacement policy” is mandatory or voluntary….So we can decide if we need to do moving forward….
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XXXXXX,

I believe you own Unit XXXX. To answer your question, this is a voluntary program.

Sincerely,
XXXXXX
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XXXXX,

Thank you for answering our question.

In the future, it would be great if such notices sent to homeowners would clearly state if things are voluntary or mandatory.

I think most homeowners, including me, are not opposed to necessary replacement or repairs. After all, we have a vested interest in protecting our investments too in making sure they are performing well. And we do appreciate the effort you and the HOA made getting estimates for homeowners that might be interested in upgrades.

At the same time, I think the HOA and XXXX need to be sensitive to controlling costs on behalf of the homeowners in this community, We cannot be financially burdened with unnecessary upgrades. There may be a point later that I consider such upgrades. However, I would appreciate that as long as my properties are not causing damage to common area and I am not violating the CCR’s, that I have discretion as to when such upgrades are made.

Thank you, and have a great weekend.

-XXXXX

I think I’m going to try to campaign that rental community, and I think I’m going to try to unseat someone on the board. There’s at least one other individual that wants to run for a board seat next election too. So we might do this, just to be a pain in the ass. Because, although an HOA can be a pain in the ass, so can I.

I think if there really are more owners that work as one big group, it’s more of a bigger threat. $4600 is the cost of replacing the window. If 20 homeowners are all on the same page that $92,000.

The problem with suing the HOA is that if they lose, it ends up coming back to the homeowner…That’s why I think it’s just better to try to unseat the incumbents on the board, and once on the board, figure out what really happened.

The biggest challenge is just trying to reach out to the other owners. This community is less than 50% owner occupied, many of the owners probably don’t even think much about what the HOA is doing and just cuts the check when they tell them too. So my challenge is just finding out how to reach more of the owners in the community.

That said, after I reach out to those owners and tell them about this $4600 “optional” replacement program, I’m sure they would just be as livid as I was, and probably vote out the incumbents next time. I sure will.

I guess worst comes to worst, I can sell this unit next year too for a decent gain…