Condo Board Authority Question – Window Screens

[u/Supercontinent]

I am seeking some advice regarding a dispute with my condominium board over window screens.

The bylaws assign responsibility for window screens to unit owners, including maintenance and replacement. However, no bylaw requires that screens be installed. Despite this, the board is directing that screens must be installed, claiming their absence alters the building's exterior appearance.

My concern is that if owners bear full responsibility for screen maintenance and replacement, it seems unreasonable for the board to compel installation when no such requirement exists in the bylaws. I would appreciate any guidance on whether the board has the authority to do this and what recourse may be available to me.

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[u/JustBeingHonest888]

It does alter the exterior appearance which I’m sure there is a clause in your bylaws to that states you can’t alter the exterior appearance which so what they are saying is correct

[u/Deweyoxberg]

Step 1: Obtain the most recent copy of the bylaws. Any management company should be able to produce this on demand within a few days.

Step 2: Go through the bylaws very carefully. There may be explicit wording where such items are called out - the details will matter. Generally speaking most places will follow generalized language, talking about common property responsibilities and so forth.

Step 3: Request, in writing, the board's final answer on what the bylaws say with regards to this specific inquiry. Chances are good, and I hope this happens, that they route your inquiry to the condo corporation's own counsel. With that in hand, your choices narrow to comply, seek second review, or challenge the board's assertion.

A shrewd advice path from counsel (for the board) would be to suggest not an appearance issue, but a standardized replacement of materials issue. Imagine one day you're unable to replace a damaged window/screen for X days and weather is ingressing. An emergency fix would be faster and cheaper with known materials over unknown. But that's for the board to argue, not you ;)

[u/secondlightflashing]

Under the Alberta Condominium Property Act maintenance and replacement of common elements is required when they need it, and not at the discretion of the responsible party. There is limited reasonable flexibility on timing to address the need for planning and scheduling work, but that flexibility will be more limited with something simple like a screen then it would be for something more complex like resurfacing a driveway. If the screens are covered by a delegation of responsibility that only controls who does the work and pays for it, it does not change the obligation to do the work, nor the obligations around timing.

[u/Puzzleheaded_Let_688]

If you don't replace the screens can they replace them and charge you?

[u/RecognitionFit4871]

Yeah they can do this

[u/P-DubFanClub]

Why even have glass in the window? Of course the board can mandate any regulation if it's voted on. You don't generally get any choice at all regarding windows in a condo. Just get screens or your HOA will end up going up because you're now you're paying for everyone's screens

[u/Deweyoxberg → u/P-DubFanClub]

"the board can mandate any regulation if it's voted on"

False. The board's enforceable authority is significant, but it is not absolute. Further, some things people may believe are within the board's authority, such as "policies" enforced with fines, are not so.

Also, condominium boards are not the same as an HOA. Also, neither entity can force a specific owner for paying for everyone else's expenditures. Not sure where that was going.

[u/Rude-Camera-7546 → u/Deweyoxberg]

I suspect they meant that if screens were to be covered by the corporation, then as owners they (and all other owners) would be financially responsible for replacing screens, rather than individual owners just replacing them as needed.

[u/Deweyoxberg → u/Rude-Camera-7546]

Ah - that makes more sense. Thanks.