#20656
Jimmy-T
Keymaster


    @newlsie
    said:
    I understand there is a $550 fine for those OC’s that have missed the deadline to install window restrictors / locks.  Does anyone know if that is per building or per window?  

    Section 118  of the NSW Act on window safety devices says “An owners corporation for a strata scheme … must ensure that there are complying window safety devices for all windows of each building in the strata scheme that are windows to which this section applies. Maximum penalty: 5 penalty units.”

     

    I’m no lawyer but I would say that any breach would be a failure to ensure that there were complying devices for “all windows” rather than each window. In other words, you could be fined each time you were breached until all windows were compliant, rather than fined for each window that was in breach.

     

    Penalty units are currently $110 so the MAXIMUM fine would be $550 but that could be imposed several times until the breach was rectified. 

     

    What’s not clear to me is who complains? Also, Fair Trading says that the Owners Corp can pass this duty on to owners via a by-law. but this fact sheet from eminent strata lawyers says that is definitely NOT the case.

     

    No wonder people are confused.

     
    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.