Condo boards can often mandate window replacement, or bill unit owners for the work.
Most condo association declarations give the board the authority to require unit owners to maintain, repair or replace limited common elements like the windows in their unit.
A. Under most condominium declarations and section 4.1 of the Condominium Act, windows are deemed limited common elements. Most declarations do grant the board the authority to require unit owners to maintain, repair or replace limited common elements associated with their unit, at their cost, and to provide lien waivers from the contractor to ensure full payment was made.
For an active approach to collection, pursuant to the Illinois code of civil procedure and section 9.2 of the Condominium Act, after a 30-day demand, condominium associations may file a lawsuit against unit owners to collect their unpaid share of the common expenses and the association is entitled to recover its attorneys’ fees and costs for enforcing its collection rights.
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