This decision involved a condominium window replacement policy (policy). The plaintiffs unit owners moved for summary judgment against the condominium’s Board of Managers (board) and a co-defendant window replacement company (window company), seeking declaratory, injunctive and monetary relief. The defendants opposed the motion and cross-moved for summary judgment on the grounds that the action is moot.

The condominium’s declaration defined “common elements” as “the entire building other than the units” and provides that “windows which open from a unit shall be deemed part of the unit…” Although the by-laws vested the board with “powers and duties relating to the condominium’s common elements…, unit owners are in control of their individual unit.” The defendants argued that although “maintenance of and repairs to any unit… shall be made by the owner of such,… maintenance, repairs and replacements to the common elements… shall be made by the Board….”