#28879
Lady Penelope
Strataguru

    Winston – Your description of the problem was a bit confusing to me. How high is the bathroom window above the floor level? See diagram …. Is a safety device necessary? Sometimes windows in shower recesses are above 1.7m high. 

    Window safety device diagram

    If a safety device is required but cannot be installed due to an illegal owner modification of a common property window then, in my opinion, the OC has a couple of options.

    Discuss all of these options with the Owner and work out which suits both Parties:

    (1) The OC permanently fixes the window shut.

    (2) The Owner restores the window to its original state to enable the OC to install an ordinary safety device.

    (3) The Owner pays the additional cost (over and above the cost of what an ordinary safety device for that window would be) for the OC to install a special metal grille or bars on the inside face of the window if and where possible. 

    (4) Due to the special nature of this problem the owners corporation could adopt a common property rights by-law which confers the right and obligation to install and maintain any locking or safety device to the individual lot owner. Both the Owner and the OC would need to agree to this, and the reasons for the granting of this unusual  obligation would need to be clearly stated in the Explanatory Material for the Motion, and the by-law. This will allow for full transparency should any future problems arise. See https://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Strata_schemes/Repairs_and_maintenance.page