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BJT Writes:You recently wrote about window locks and I was left wondering about some of the issues; specifically the legal ability to remove the locks as long as they are available for those who want/need to use them.At our recent AGM we were advised by the managing agent that if a window in any unit has been left open, or with the key still in it (no longer child safe) those comprising the body corporate could be sued personally and that insurance in respect of injury related to the window would be void and further that possibly all insurance would be void due to building non compliance.This all seemed a bit over the top given that individuals/bodies corporate cannot have control over what is done in other peoples units and that usually one expects to be free from liability in areas in which your control is limited.Your observations are very welcome.
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An observation only, but I would agree – if the Body Corporate has done everything in their power to comply with the legislative requirements, it would be a stretch to hold them liable for something they didn’t do – which is to wilfully remove the lock. If the BC was to be sued for an injury caused by the removal of a window lock, I imagine they would join the individual who removed the lock to the proceedings and shift the blame.
I do find Managing Agents often have a loose grasp on reality in such matters. It was recently suggested to our BC that we remedy (ie pay to fix) a situation caused by a 3rd party, before the Managing Agent had even contacted the 3rd party to give them to opportunity to remedy their error. Shheeesh.
I don’t know what legal power it will have, but to cover this our Strata Manager has had prepared, and has asked her Strata Schemes to pass, a bylaw to the effect that once Strata has installed the locks or has had any existing locks tested, (so that Strata are certain to have met the requirements), it becomes the individual owners responsibility to maintain and keep them. And also the individual owners liability in the event of accident (or of a fine for non compliance) after that.