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Topic
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Hope this isn’t a curly one.
Twelve units out of the thirty six here in our Sydney strata are on the top, third level under the eaves with nice outlooks from most of our windows, but there are a couple of problems.
Problem 1: The eaves have lots of unsightly spiders’ webs, especially the north facing ones, which makes it seem like us top floor dwellers live in haunted houses. The cobwebs are visible from the ground too, if anyone cares to look. People do look, of course, when units are up for rent or sale. Occasionally spiders get in, too, and I don’t care if giant Huntsmen Spiders are harmless or not and eat mozzies, they scare the —- (hell) out of me and my family.
Problem 2: The windows are all very dirty on the outside and problematical to clean because (a) they are very high up, not so high as they can’t be accessed by a long ladder—the windows get painted occasionally—but high enough to make it not-so-easy and (b) most of the tops of the windows are stuck shut; either because they are sub-standard windows, or old, or they have been painted shut more than once by Owners Corporation painters too lazy or unable to get access to do it properly.
My question or questions are: Should the OC be responsible for getting rid of the cobwebs periodically? And should the OC be responsible for either keeping the outside of the windows clean or having them unstuck by a handyman so owners can clean them as they wish?
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Apologies for the glib answer but…..
YES!
Yes. A block of flats: the OC maintains the outside which includes occasional cleaning and repainting and repairs such as unsticking windows. That is what you have a sinking fund for. For general cleaning that you might do every year, it would be a line in the admin fund budget.
Yes it’s bylaw 11 of standard bylaws
11. Cleaning windows, etc
An owner or occupier must clean all glass in windows and doors on the boundaries of the lot, even though they may be common property.But the problem is the Strata have painted the window such that they will not open and that is a Strata problem to fix and once fixed the lot owners are liable to clean the windows from the inside (providing it safe to do so).
….and as the units concerned are on the third floor, it would indeed be unsafe for anyone other than the Owners Corporation to be responsible for having them cleaned; hence my original YES.
note: model by-law 12 of the Regulation 2010 clarifies the above.
Even if the model/default bylaw says the unit owner cleans the window, an OC can change its bylaws. So, it seems a sensible thing to put this beyond doubt would be resolve at a general meeting to amend the bylaws. A new bylaw could state that the OC shall engage a professional cleaner to clean the exterior surface of the building as necessary, including cleaning of the windows. If everyone, or nearly everyone, finds it difficult to clean their windows then this should get the necessary special resolution support.
Their is nothing wrong with creating a new bylaw but it is a bit of overkill IMHO.
Just vote at the next GM by a simple majority to engage contractor xx to clean all windows and remove cobwebs every x months at a cost of $x. This leaves control with the Strata whereas if you create a bylaw the Strata is obliged to continue cleaning the windows until bylaw is revoked via a 75% vote.
Or ask which owners would like to participate in paying a contractor to clean their windows and just these owners pay rather than the Strata.
@kiwipaul said:
Their is nothing wrong with creating a new bylaw but it is a bit of overkill IMHO.Just vote at the next GM by a simple majority to engage contractor xx to clean all windows and remove cobwebs every x months at a cost of $x. This leaves control with the Strata whereas if you create a bylaw the Strata is obliged to continue cleaning the windows until bylaw is revoked via a 75% vote.
Sure. That would be fine too, since it is a thing the OC should be doing anyway. The motion would be simply providing some detail to the EC. Could be even less: Just a direction to the EC to engage a contractor to do it for a cost of up to $XXX.
I did include ‘as necessary’ in my suggestion so the OC would not be obliged to clean windows that did not yet need it. I don’t think being lumbered with the bylaw would be so bad. It seems unlikely that windows will go out of fashion and nobody will need or want them cleaned.
Or ask which owners would like to participate in paying a contractor to clean their windows and just these owners pay rather than the Strata.
I wouldn’t do that. The contractor will cost just as much once they are set up and all should contribute. Leaving a few windows out would be impractical and not address the problem of the building looking spooky with spider webs.