› Flat Chat Strata Forum › Common Property › Old windows…who repairs them? › Current Page
Feliix said…….My understanding is that the windows overlooking a balcony of the lot owner is their responsibility and the other windows on the walls not overlooking the balconies are the responsibility of the OC. Is this correct?
That’s what’s been advised in earlier posts with regard to Schemes registered prior to 1974, so YES
Felix asked…….Should the OC want to install a by-law for this Strata that would place the maintenance and repair for the windows on the lot owners, what would be required?
A special resolution at a General Meeting of the Owners Corporation (O/C) would be required, but that is conditional on the building itself and the item of common property involved, in this example windows, not being adversely affected by a decision by the O/C not to maintain and repair. Further, should the O/C wish to have maintenance and repairs instead undertaken by Lot Owners (as opposed to not at all) then there’s a further condition that each Owner agrees in writing to do that and to have that requirement included in and enabling special by-law. So in summary, such an action would be extremely difficult for an O/C to introduce.