#69581
JulieMcLean
Strataguru

    Can I add a different perspective.

    From the thread we know, whilst the manager has approved the window replacement, it would seem the problem stems from history.

    “We now have three different types of windows/doors on the front of the building (think sliding vs swing and off centred vs centred) so it all looks a bit of a mess”

    This says volumes to me.

    1. The first unit window/door replacement went ahead and nobody – committee or owners did nothing about it. And not just at the time was nothing said but even at the next AGM, because if they had the committee or the owners corporation would have considered  “how do we want windows/door replacements to go in the future” recorded in the minutes This was the time to act and put a design guide in place- not 2023. The owners corporation has by default accepted this standard as it failed to do anything about it.
    2. A second person has gone ahead and done a renovation and in the absence of any guidelines in place has done what they want as well. Its unknown if they asked permission, but again it would seem that no guidelines were developed after the second renovation. The owners corporation has by default again accepted this standard as it failed to do anything about it.
    3. Now a third person has followed the others and replaced their windows. They have done the right thing and asked for permission. For some reason, everyone now thinks it should be different for the front unit wanting to replace their windows when the other two units who did the work can keep their windows.

    I am not sure what outcome you think you are going achieve. At VCAT the following questions will be asked by someone:

    • Was it reasonable that the front unit installed windows of a style and colour of their choice, based on the renovations that had already taken place and in the absence of any design/style guides?
    • Was it reasonable for the strata manager to approve on behalf of the owners corporation the request, based on the renovations that had already taken place and in the absence of any design/style guides?

    If you want this to stop then you need to put in place a design guide to control the type, colour and material of windows for the building, but don’t expect the 3 units to rip out what they put in, but rather include the words upon replacement windows will comply with the following standard. xxx. it will take time but the building will be around for a long time.

    Develop the design guide, table at AGM and have the owners vote on the matter, if you can get a special resolution, add it to your Rules, then that is  even better.

    While you are thinking about design guides, you might also think about other areas you would like to have control over. Like blinds, awnings, paint colour, where equipment may be mounted, fly screen door type etc.

    If you haven’t already got a particular design guide in place when a request or a breach comes for consideration, that is the time to put one in place, not after the horse has bolted.

    Then your manager can (hopefully) do the right thing.