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How do we replace the windows in our condo building, and who pays for them?

By OurHOA · General information · Revised

How a condo board replaces building windows: who owns and pays for them in TX, FL and CO, hurricane specs, bids, lead paint rules, unit access and a timeline.

Part of the HOA board handbook: vendors, projects and upkeep.

Start with who owns the windows

Before anyone prices a window, find out whose window it is. The declaration usually answers this in the unit boundary description and the maintenance chart. When it is silent, state condo law fills the gap, and the defaults differ. Texas and Colorado both treat exterior windows and doors that serve one unit but sit outside its boundaries as limited common elements assigned to that unit (Texas Property Code 82.052(4), Colorado Revised Statutes 38-33.3-202(1)(d)). Texas then puts the cost on the owner: unless the declaration says otherwise, each owner pays to maintain, repair and replace the windows and doors serving only that unit (82.107(c)). That default only covers Texas condos whose declarations were recorded on or after January 1, 1994, or older ones that opted in. For older buildings, 82.107 is not on the list of sections that apply (82.002(c)), so the declaration controls. Colorado charges limited common element costs to the units they serve only to the extent the declaration requires it (38-33.3-315(3)(a)). Otherwise the cost is shared like any other common expense. Florida makes the association responsible for common elements and lets the declaration assign limited common element upkeep or cost to the owners who use them (Florida Statutes 718.113(1)). The answer is one of three: the association pays, each owner pays, or the association does the work and bills owners back. Write down which one, with the section number, before the first board discussion. This guide is general education. Rules vary by state and by declaration, and a building-wide window project is worth a short opinion letter from the association's attorney.

Decide on one project or many

Even where owners pay, one building-wide replacement usually beats piecemeal work. Windows leak at the joint between frame and wall, and every installer flashes that joint differently. A leak at one opening can rot framing the association maintains. One contractor also means one permit, one warranty, one color and one crew in the hallways instead of fifteen. Your documents decide whether the board can require it. If the association is responsible for the windows, the board can plan the project like a roof. If owners are responsible, the board's usual tools are narrower: adopt a window specification, approve each owner's installation against it, and offer a group project that owners can join at the contract price.

Florida hurricane protection rules

Florida has a statute written for exactly this situation. Every residential condo board must adopt hurricane protection specifications for each building, which may cover color and style and must comply with the building code (718.113(5)). Installing, repairing and replacing hurricane protection under that subsection is not a material alteration. The board may install impact windows or other hurricane protection, or require owners to install them, with the approval of a majority of the voting interests (718.113(5)(a)). That vote is not needed when the declaration already makes the association responsible for the exterior windows, or already requires owners to install hurricane protection. After a vote, the board records a certificate stating the result and the installation deadline in the county records and sends owners a copy. The board may not replace code-compliant protection of the same type that an owner already installed unless it has reached the end of its useful life or replacement is needed to prevent damage. An owner who already installed code-compliant protection of the same type is excused from the assessment, or gets a credit equal to what they would have paid, when the association installs it for everyone else from the budget or reserves (718.115(1)(e)2.). If the owners are responsible for installation and the association does the work, the cost is charged to each unit for its own openings and collected like an assessment (718.115(1)(e)1.). A board also cannot refuse an owner's installation that meets its adopted specification (718.113(5)(c)). Florida's product approval law covers windows and impact protective systems and bars marketing a product as wind-borne debris protection unless it has approval (553.842(5)). Require approval numbers in the bids, and follow the 718.3026 bid rule if the price crosses its threshold.

Write a specification contractors can price

A window bid that says 'replace 64 windows' will come back with 64 different assumptions. Give bidders a window schedule listing each opening by unit, size and type, and a written specification covering: - frame material and color, glass type (impact, low-E, tint), and grid pattern - the design pressure rating or code requirement for your location - product approval numbers where your state requires them - how the rough opening gets inspected and repaired when rot is found, with a unit price per linear foot or per opening - sill pans, flashing tape and sealant, named by product line or equal - interior trim and drywall returns restored and painted, with the finish level stated - exterior stucco, siding or brick patching and paint touch-up - debris removal, daily cleanup, and protection of floors and furniture - permit, inspections and final paperwork - manufacturer warranty and a separate installer labor warranty, in years Ask each bidder to install one mockup window in a vacant or cooperative unit before the full contract starts, and have it water tested. Fixing a flashing detail on one window is cheap. Finding the problem after 64 is not. Two rules add paperwork. If the building was built before 1978, window replacement disturbs painted surfaces, and EPA's Renovation, Repair and Painting rule requires a certified firm. The firm must give the owner of each unit the Renovate Right pamphlet no more than 60 days before starting work there, and must notify affected units or post signs for work in common areas (40 CFR 745.84). On the Texas coast, TWIA eligibility for a structure altered or repaired on or after January 1, 1988, depends on compliance with its plan of operation (Texas Insurance Code 2210.251), so require the contractor to arrange the windstorm inspection and hand over the certificate.

Plan unit access and the schedule

Window replacement is one of the few projects that requires crews inside every unit. Florida gives the association an irrevocable right of access during reasonable hours when necessary to maintain, repair or replace common elements or parts of a unit the association maintains (718.111(5)(a)). Texas requires each owner to give the association access through the unit that is reasonably necessary for maintenance (82.107(a)). Check your declaration for its own access and notice terms. Ask the contractor how many openings a crew finishes per day, then build the schedule by stack or elevation from that number. Give each unit its dates in writing two weeks ahead. Sample notice: 'Window replacement in your unit is scheduled for [date], between 8 a.m. and 5 p.m. Please clear 3 feet in front of each window and remove blinds and curtains by [date]. If you cannot provide access that day, contact [name] at [phone] by [date] to arrange a key or another date.' Keep a key log, and have a director or manager present when the crew enters a unit whose owner is away.

Divide the cost and record the decision

When owners pay, bill by count and size of openings, not by square footage of the unit, and send each owner a line-item invoice showing their windows. When the association pays, the money comes from reserves, a special assessment, a loan, or a mix. If the reserve study has no window line, add one at the next update. Sample motion: 'Move to approve the contract with [contractor] for replacement of all exterior unit windows in Building [X] at a price of $[amount], including a unit allowance of $[amount] per opening for rough-opening repair, funded from [source], with owner responsibility for costs allocated under Declaration section [number] as described in the attached cost schedule.' The minutes should state the document section the board relied on for the cost split. That line is what you point to when an owner disputes the bill.

A sample project timeline

Month 1: confirm who owns and pays, get the attorney's letter, and survey owners for windows they replaced themselves in the last few years. Month 2: adopt or update the window specification. In Florida, hold the owner vote if one is needed. Month 3: send the bid package and hold one site walk. Month 4: compare bids, check licenses and references, sign the contract, and order the mockup. Month 5: install and water test the mockup, then order windows. Ask each bidder for the manufacturer's lead time and build it in here. Months 6 and 7: install by stack, walk each unit with its owner at completion, and keep a punch list. Month 8: final inspection, permit closeout, warranty documents filed in the association records, and owner invoices sent.

Mistakes boards make

The expensive one is skipping the ownership question and discovering after the vote that the declaration makes owners responsible. The second is ignoring owners who already paid for new windows. Florida's statute protects some of them. Everywhere, decide how to treat them before invoices go out. Third, boards accept a price with no allowance for rotted framing, then face change orders on every third opening. Fourth, nobody checks the building's age against the lead paint rule. Fifth, the board lets the contractor schedule directly with owners, and the project stalls on the units nobody can reach. For what an individual owner may do on their own, see our guide on whether an HOA can restrict window replacement or impact windows. Our guide on hiring a roofer for an HOA roof replacement covers the same bid steps for a large exterior job.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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