Real estate Q&A: Who pays to replace hurricane windows removed during condo restoration?
Published in Home and Consumer News
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.
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