Hi Alinka,
There are two issues for the OC to consider here:
1. What was the building code when the balustrade was constructed (probably when the building was constructed)?
2. Has there been any “rectification or renovation” work done that has affected the balustrades and what where the building codes at the date the “rectification or renovation” work was done?
In my opinion, the strata needs to ensure that the balustrade on the buildings they manage met the relevant building codes at the time of their construction.
However, when a balustrade has rectification or renovation work done to it, such an act triggers the need to comply with the Building Code current at that time.
So as long as there have been no “rectification or renovation ” the OC is probably ok legally. But in terms of just common sense and wanting to prevent accidents it is probably something the OC should look at asap. Some of the older balustrades are hazards even if they do comply with the requirements.
There are a lot of court cases and information on this and I am sure if you do a relevant google search it will show them.