Replacing Windows in a Condominium
Our condo has old windows that leak, making it difficult, expensive and wasteful to heat and air-condition. The windows cannot be repaired, and the board voted down the costly window replacement project that some owners had requested. Can the board deny us the ability to remedy the problem and force us to spend money on energy instead of replacement?
Arthur I. Weinstein, a Manhattan lawyer and a vice president of the Council of New York Cooperatives and Condominiums, said that if the board weighed the benefits of replacing all windows in the building against the cost of doing so and then made a good-faith decision against buildingwide replacement, its decision would be protected by the "business judgment rule" and would not be subject to second-guessing by unit owners or the courts.
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