The Board of Directors is apparently having a very difficult time understanding provisions within the Condominium Act relating to replacement of the front windows in our building. This matter has been addressed in a previous post which clearly states that the building is responsible for front window replacement as a common area expense. Common area is specifically and clearly defined  in the Registered Plan of the building. It raises serious questions as to why the Board of Directors finds such a clearly defined provision to be so difficult to understand. I would suggest that the Board simply finds the the facts of the matter much more difficult to accept as opposed to finding it difficult to understand.

The front windows have always been and continue to be part of the common area of the building and therefore any replacement is therefore a common area expense to be paid by the Corporation, not the unit owner. All front windows in the past have been, following a report by the owner of the damage, inspected and approval given to replace the window at the building’s expense. The building then seeks the best price (approximately $1000 per window) and arranges installation at the convenience of the unit owner.  Where an owner has chosen to replace a window without reporting damage and requesting replacement, they are of course responsible for the cost.

There has apparently been one window replaced in the past year, and approximately six or seven replaced over the past twenty years. These have all been damaged windows where the owner has reported the damage, an inspection conducted, and the window replaced at the building’s expense. There have been NO costs incurred by unit owners where they have reported a damaged window and requested replacement. Therefore, there are no refunds to consider.

It is important to note, that several of our residents attended and participated in a disussion of window replacement at a recent CCI meeting. The meeting confirmed that where the Condominium Act defines the front windows as common area, as is clearly the case in our building, the cost of replacement is the responsibility of the building. The CCI is certainly qualified with its legal resources in making this determination.