Legal Question in Real Estate Law in California

It depends on what the CC&Rs;, Condo Plan and other governing documents indicate. Can an association require that you use their contractors for a repair like this - almost certainly. Why? Because, if you read most Condominium Plans & CC&Rs;, you don't own the windows, nor do you own the exterior walls and stucco. You own the airspace inside your home, to the interior skin of the dryall, subfloor and ceiling. As such, you are asking the HOA for permission to work on their property. Accordingly, they can to a very large degree require that it be done their way.

That being said, I do take issue with the requirement that you use their approved construction company. There is a fine-line between providing the specifications and insisting that the work be done in a specific manner, and insisting that you use their contractor. I don't believe there is any question that they can require you to replace the full window and not just retrofit windows - there is a much greater risk of water intrusion with retrofit windows, and the HOA will be responsible for repairing that damage. You should, however, be allowed to select your own contractor as long as they can demonstrate that they are licensed, carry sufficient insurance, and will do the job in a workman like manner. Good luck - these are not fun battles to wage.

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It is unclear to me why you are even paying for the windows. As Mr. Gibbs said, in the case of condos' you don't own the structure. The HOA does. They should be paying, not you.