That appears to be the case for San Francisco residents of the Millennium Tower, who face $10,000 fines for each violation of new regulations targeting window usage.

The tower’s windows are likewise not exactly durable. In one episode, a window came free from the 49th floor, ramming against the structure and sending debris into adjoining structures. 

In the meantime, the homeowners association of the tower is using fines to try to prevent further damage. 

The job of a homeowners’ association is to oversee the local area and guarantee the increase in property values through rules and guidelines. 

As a requirement for homeownership, membership in the HOA, which requires either monthly or annual fees, is frequently enforced. To make new rules or uphold current principles, the HOA’s board has to meet and come to an agreement with the help of its members, who elect the directors.

NBC Bay Area was informed by a property lawyer who specializes in condo association law that the high fines may be justified by safety concerns.

Due to the sinking of the Millennium Tower over the years, window damage may be out of residents’ control altogether.

A resident on the 36th floor said they subsequently found a crack in their window. Residents face exorbitant fines from the HOA while the structure of the building can cause similar damage.

There is a sense of unfairness in receiving fines of up to $10,000 if residents open their windows, yet the windows can break due to the building’s own structure.

Earlier this month, a pane of glass that was being installed fell from the top of the 30-story Salesforce East building, damaging Millennium Tower.

Shards of glass flew into the windows of the Millennium Tower. Luckily, authorities reported no injuries.

A two-bedroom unit in the tower that sold for $1.5 million in 2015 is currently on the market for $800,000, a 47% drop.

Estate agent James Testa insists that the price drop has nothing to do with the building’s notoriety and that these apartments will not be so cheap forever.

By January 2023, some of the tilt in the tower had finally been fixed after years of work.

The 58-story skyscraper is sinking even further on its vertical axis. Building scientists are concerned this sinking could cause major damage to the complex.

The building is sinking from underneath the center of its foundation mat. The building is now sinking at a rate of one-tenth of an inch per year.

A local geothermal engineer monitoring the problem said this issue could lead to a cycle of corrosion that would compromise the concrete foundation’s steel supports.

Tenants are being asked to cough up $6.8 million between them to foot the bill for additional work that has already run $20 million over budget.

Despite the fact that there are no federal laws that regulate homeowners associations, a few states do have rules characterizing what a HOA may or may not be able to do. 

In Arizona and Maryland, there are state regulations on the books that mortgage holders can go to for help.

Each HOA is expected to have bylaws, a Declaration of Covenants, Conditions, and Restrictions, rules and guidelines, some combination of these, or possibly all three. 

Next, a meeting should be requested with the leadership of the HOA to look over the violations and see if there is a way to work together on a solution. 

In the event that a resolution can’t be agreed upon, the last step is either to take action through a state body overseeing HOAs (assuming your state has one) or make a legal move. 

This results in additional costs for homeowners in the form of attorney fees, daily penalties for noncompliance, or both.

As residents of the Millennium Tower face potential HOA fees in a building that has been plagued by structural issues there may be further discontent if conditions do not improve.