› Flat Chat Strata Forum › The Professionals › Child safety locks – still not installed…. › Current Page
24/04/2018 at 8:10 am
#20656
@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.