In Dade County, FL, a co-op townhouse fire caused very substantial
interior damage, causing 2nd story and much of the first story to be
gutted and all contents removed and replaced. The exterior windows
did not break and the aluminum frames did not twist, melt, or
otherwise become disfunctional. On the other hand, the window tinting
was much distorted heat and smoke and the glass panes themselves were
generally much scratched in the cleaning.
These windows appear to be single paned, rather than the sealed double
glass units used today, and they may not meet current code.
These exterior windows are the responsibility and are controlled by
the homeowners association, so the relevant insurer is that of the
association, not the co-op owner. An adjuster visited the site, taking
copious notes and a number of pictures, and left the owner a copy of a
repair estimate for the replacement of all exterior windows and two
sets of glass patio doors.
Subsequent calls to the insurer to inquire about how to get the work
done yielded only the advice that the owner contact the Homeowners
Association because he could authorize no work without its approval.
Hence the question: Do the building code and/or other relevant
regulations require replacement under these circumstances? If not, is
there any published quidance for making the judgment of whether or not
to replace in particular cases? The goal is to find regulatory or
other requirements that limit the scope of the Homeowners Association
discretion. |