A unit owner at the Rolling Hills Condominium sought to install a new picture window to his unit but was denied, first by the Board and now by the Berkshire Superior Court in Schiffman v. Board of Trustees for the Rolling Hills Condominium Trust.
The Rolling Hills Condominium consists of 108 apartment-style units with twelve units in each of the nine buildings. The Plaintiff, Mr. Schiffman, owns an end-unit in one of those buildings. In February 2021, Mr. Schiffman sought approval from the Board to install a new picture window, 47 ½ inches by 59 inches, on the north wall of his living room. In order to do so, Mr. Schiffman proposed to cut into the building siding and install a window which was not planned for in the creation of the condominium, a request which the Board had never received or allowed before. In Mr. Schiffman’s opinion, the window would add natural light, face a wooded area, not be visible to most other unit owners, and conform to all window specifications for the Condominium. In support of his request, Mr. Schiffman compared his proposed window installation to awning installations of various colors and designs previously approved by the Board.
The Board reviewed Mr. Schiffman’s request initially in February 2021 and again in March 2021 after further review of the Condominium’s governing documents. Ultimately the Board unanimously denied Mr. Schiffman’s request to install a new picture window, concluding that the governing documents did not permit such a modification. The governing documents mandate that the architectural integrity of the Condominium shall be preserved without modification unless otherwise permitted in writing the Board. The Board also noted that even if the governing documents did allow such a request, granting the request would set a problematic precedent, effectively inviting other owners to make similar exterior alterations and raised concerns about cutting into the building’s envelope. No unit owner had ever added a new window or otherwise cut openings into exterior of the Condominium buildings before.
Mr. Schiffman twice asked the Board to reconsider its denial, but after further review, the Board unanimously reaffirmed its decision. Mr. Schiffman complains that the Board arbitrarily denied his request and abused its discretion in doing so, but the Berkshire Superior Court disagreed.
After a Trial Argued by A&M’s Norm Orban and Lisa Lam, the Superior Court concluded that the Board’s decision was both proper and reasonable. The proposed window installation would necessitate the removal of exterior siding – a common area – which falls within the Board’s reasonable discretion to approve or deny. The Court found that cutting a large hold into the building’s exterior is significantly different than previously approved cosmetic modifications such as awnings. As such, the Board properly and reasonably denied the request since the proposed window installation conflicted with the mandate to preserve the Condominium building’s architectural integrity. Moreover, the Court found that the Board reasonably expressed a legitimate concern that the proposed window installation would pave the way for other unit owners to make holes in other walls of the Condominium buildings.
This case is a good reminder of how important your Condominium’s governing documents are. If you’re unsure how your community’s rules might apply in a similar situation, feel free to reach out to Lisa Lam for a review.
For a copy of the Decision [click here].
Written by
Lisa Lam
lisa@amcondolaw.com
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