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Updated about 2 years ago,
Issue with Replacement Window Company, HOA and Previous Seller
I have purchased a condo located in New Jersey in the month of April. Seller before closing has let us know that she has contracted a window company to install 4 windows and 2 glass sliding doors and she has the required approval from the Home Owners Association of Whispering Woods Condominium. Immediately after the closing on April 23rd we were notified that the windows are ready to be scheduled for installation. We scheduled the install with the window company and completed the installation in the next week. On the day of the install we received a call from the Home Owners Association that the property modification form was never submitted by the seller and the windows already installed does not satisfy the HOA criteria. So we were asked to fill out a new application and submit to architecture board for approval. We immediately contacted the Window Company and the seller to rectify the issue. As per the window company the seller never informed them of the association requirements. Then the window company came in and looked at interior and exterior of the condo provided us with a new quote to rectify the issue. Window company applied with all the details regarding products needed and the pictures. The application was approved by the HOA on July 8th 2022 and the seller paid additional amount quoted by window company on September 15th 2022. Upon payment the window company confirmed via email that they have ordered the required windows and doors (new construction windows and doors). I was scheduled for an install on October 11th. On the day of the install crew from the window company came in and started removing the windows form the property to install the new ones brought with them. Within few minutes the maintenance personnel from the association stopped by to verify if the new windows were as per the HOA requirements. To his amaze new windows/doors were smaller in size and are not the new construction windows which the HOA approved as part of the property modification application. Home Owners Association management immediately asked them to halt the installation. The window company put back the window removed from the guest bedroom and left the scene. I have sent email to the window company to fix the issue but had no luck. The window company tried to fraud me by installing windows which I did not sign up for and which we did not pay for or were approved for by association. I have asked the window company to install windows as per the application submitted to the HOA architecture board but they are not doing so and stating reasons of more work to be done and trying to abandon the project. I have done no mistake but still suffering. People who did mistake are the previous seller and the window company I am stuck in this mess. I took a quote from another new window company and it is going to cost around 16k to fix this. Since this is an investment property Department of Consumer Affairs stated they cannot help me..
How should I proceed in this matter ?.