Court Says HOA’s Window Replacement Policy Violates the Governing Documents and is Void

The case involved a dispute between condominium owners (“Owners”) and their association’s board of directors (hereinafter referred to as “Association”), and a third-party supplier of windows over Association’s window replacement policy.

Association’s declaration defined “common elements” as “the entire building other than the units” and provides that windows that open from a unit are deemed part of the unit. The governing documents also: (i) vest powers and duties relating to the condominium’s common elements in Association’s board of directors; (ii) state that unit owners are in control of their individual units; (iii) state that maintenance and repairs of units shall be made by the owner of the unit; and (iv) maintenance, repairs, and replacements of common components shall be made by Association’s board of directors.

In early 2019, Association notified all owners that it would be implementing a new window replacement policy after determining that the existing windows had outlived their intended life and usefulness. Association then retained a contractor to perform the window replacements in both individual units and common areas. The policy also allowed unit owners use a different contractor but mandated that the windows be as specified by the board and that the replacement be completed by December 31, 2021. The policy further provided that the cost of the window replacements would be assessed to all of the owners as common area expenses.

Owners challenged Association’s window replacement policy contending