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We are looking at buying an apartment in a building which has had problems with unstable glass in the windows. We have been told that if the glass breaks, insurance from Owners Corp will cover the outside of the glass panels, but we are liable to insure inside surface of panels. Is this normal practice? Which insurance companies are likely to provide insurance in these circumstances.
I would appreciate any ideas or suggestions. Thank you.
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I don’t know in which State/Territory you’re located, but that’s a strange one; which is probably why I’m the first to jump in!
Irrespective of your location, the first thing that you or your solicitor / conveyancer needs to do is to check the Special By-Laws of the Plan, because there may be something specific Registered on the Strata Title about a joint-responsibility for windows; perhaps to take account of the costs arising from damage caused to those by residents (incl. tenants).
In the absence of a Special By-Law, windows in the common (perimeter) walls of the building are the responsibility of the Owners Corporation (O/C), that is required to “properly maintain and keep in a state of good and serviceable repair the common property” and “must renew or replace any fixtures or fittings (like windows) comprised in the common property” (ref: S62 of the NSW Strata Schemes Management Act).
Windows are covered for damage by “defined events” (e.g storm damage) under the Building Insurance that’s compulsorily held by the O/C, and in the absence of any defects / warranty liability by the original constructor of the building, I seriously doubt that the problem with the windows that you describe would be covered by that Building Insurance, but that doesn’t absolve the O/C from meeting all costs involved in meeting its obligations under S62.
So in summary, in the absence of that Special By-Law the problem you describe is not something that Owners could be held responsible for rectifying.
Just a thought – is this one of those dual window systems wher there is an outer and inner window (usually to cut down noise)? If that’s the case, this would make sense – otherwise I’m stumped.
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