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What are the issues in deciding whether to replace or restore the windows in my building?

How do we decide whether to restore or replace the windows?

I am a tenant in a condo association and one of my windows won't open or close properly. My landlord refuses to fix it. What can I do?

Are windows considered a "common area" in a condominium or the responsibility of the unit owner?

There is not always a definitive answer to this question. Old windows can reach a state of disrepair that eliminates the option of restoration, but generally you have to make a decision based on three variables: functionality, aesthetics, and cost.

Functionality. Depending on the type of old windows you have, new windows may offer several advantages:

• Thermal glass to lower heating costs
• Tight seals to eliminate drafts and reduce noise
• Built-in screens to eliminate the need for separate screen windows
• Tilt-out windows for easy cleaning
• Tighter seals and newer locks for better security

In some cases, restored windows offer advantages:

• If the windows you are restoring are original to the premises, they may let in more light than new windows. Because of installation issues, new windows are often smaller than old ones. Because of issues with mass production, new windows may have thicker muntins (the strips of wood that separate the panes) than old ones further reducing the amount of glass area.
• Traditional old windows generally do not have double panes or tilt-out mechanisms for easy cleaning. Double-pane windows can get broken seals that results in condensation between the panes, and tilt-out mechanisms can break.
• Restorers point out that old wooden windows are often much sturdier than modern ones. Windows more than 50 years old were often built from wood from virgin forests, a quality of wood that is largely unavailable today. Further, many people regard the construction techniques used in old windows as superior to that used in new ones.

With new windows, you can consider an altogether different type of window. For instance, replacing traditional windows with bow or bay windows can actually create a little more space and expand the view; or replacing a window with a door could be a logical step in adding balconies to your building. If you go this route, you could consider replacing some windows and restoring others.

Aesthetics. New windows may be available in styles that allow you to improve the look of your building. For instance, if your multi-unit dwelling was originally built in the 1880s, but had sliding windows installed in the 1950s, you could return the premises to its original aesthetic by installing multipane doublehung windows. If your building has very plain windows, you could spruce it up by replacing even a few windows with architecturally interesting ones. Before going this route, you should consult an architect.

Another aesthetic consideration is that many new windows have built in screens and insulated glass, eliminating the need for a separate storm window. Some owners may object to replacing traditional wood windows with ones covered in vinyl or aluminum, advocating the subtle differences of a textured wood surface and other small differences, such as the quality of the glass and the thickness of the muntins.

Cost. Replacing a window is generally more expensive than restoring one, though if you want to restore original scrolled woodwork and original leaded glass, the cost can be prohibitive. Both replacement and restoration involve many different issues, and the best way to determine the cost is to meet with installers and restorers. Depending on the area where you live and the size of the project, restoration starts around $150 per window, not including new storm windows, while replacement starts at about $500 per window, but there are many variables.

The good news is that whether your condo association restores or replaces its windows, if the trustees hire competent people to do the work, either approach will lead to benefits. Decide what’s important to you: price, aesthetics, or functionality. If there’s not agreement in your association and the windows are in poor condition, consider restoration because it’s generally less expensive and less disruptive.

Tenants' rights vary from state to state and, depending on how far you want to pursue this, you might want to consult a lawyer. We would always recommend trying to resolve things amicably, even if the landlord in question isn't as immediately helpful as you'd like. If the issue is one of safety and health (Could someone climb in through the window? Is the window dangerous to adjust?), you might go back to your landlord with these concerns and then, if she won't address them, contact your city or town hall.

Since your landlord is also an owner in a condo association, you might informally speak to a neighbor/member of the condo board and ask whether the windows in the building have ever been replaced and talk about your predicament. The board member might be able to embarrass the landlord into doing something. Illinois has a Center for Renters' Rights (http://www.renters-rights.com/html/illinois.html) web page you might want to check out as well.

Different condo associations handle this issue in different ways. You might want to talk with your condo lawyer or building insurance company for specific advice and suggestions.

The Connecticut condo law defines common elements in this way:

“(e) ‘Common elements’ means all portions of the condominium other than the units.

“(g) ‘Limited common elements’ means and includes those common elements designated in the declaration as reserved for the use of a certain unit or units to the exclusion of other units.”

As far as windows go, you should read your condo bylaws and see if it says anything specific about windows. As far as who’s responsible for a broken window, that’s usually up to the condo association. Most condo associations that we know of assign that responsibility to the unit owner (however, they also provide guidelines and/or rules regarding the type and style of window if it needs to be replaced).