We are residents of an apartment complex. Most of the apartments have problems with their windows. I understand, from our lease, that the owners’ management company (OMC) is responsible for the window frames but not the glass. Our OMC plans to give permission to each owner to refurbish or replace their windows – as the OMC does not have enough money to solve all the problems. An owner can also choose to do nothing.
If I replace my windows and my neighbour does not replace her windows, should I have to contribute to the painting and maintenance costs of her windows in the future via the annual management charge?
Also, if we replace our own windows with the permission and oversight of the OMC, will the OMC be responsible for our new windows into the future?
In a multi-unit development, the windows generally form part of the structure of the building and a common clause in apartment lease agreements is that the window frames are in the ownership of the management company but the glass in the windows is the responsibility of the individual owner.
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In practice, this is often very problematic for many reasons, for example when an apartment block has curtain-wall windows whereby one large window is shared by multiple apartments.
If most of the apartments have problems with their windows, the OMC should have a sufficient sinking fund available to fix or replace the windows but it is well documented that there is a serious lack of adequate sinking funds in multi-unit developments in Ireland.
An SCSI report launched in November 2024, The Real Cost of Apartment Block Maintenance – Examination of Sinking Funds, notes that 88 per cent of apartment developments either lack a sinking fund entirely or have inadequate sinking funds.
When owners individually refurbish or replace their windows it creates inconsistency, and this may detract from the overall appearance of the building as well as creating an inequity.
The buildings are maintained by the management company, and all maintenance costs are shared among all owners. These costs will be apportioned to owners in accordance with the terms of the lease agreement, but it is very unlikely that the apportionment will be broken down to where one owner pays for a window-maintenance job from the repairs and maintenance overheads and another one does not, as it would not be feasible or practical to do so.
The OMC operates upon the principle of a collective-responsibility arrangement and in this regard, you will probably be paying for the painting and maintenance costs for your neighbour’s windows.
If an owner replaces the windows, the question of who owns the window becomes more technical. If we consider that the OMC is the collective of owners and is funded by the owners, then it amounts to the same thing as owners paying for the maintenance of the building in the same way as you as an owner are paying for new windows. It would therefore follow that you are paying for the new windows, but the OMC will own the windows in accordance with the terms of the lease agreement.
Aisling Keenan is a property managing agent, consultant and an associate member of the Society of Chartered Surveyors Ireland
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