#18859
Whale
Flatchatter

    I don’t know in which State/Territory you’re located, but that’s a strange one; which is probably why I’m the first to jump in!

    Irrespective of your location, the first thing that you or your solicitor / conveyancer needs to do is to check the Special By-Laws of the Plan, because there may be something specific Registered on the Strata Title about a joint-responsibility for windows; perhaps to take account of the costs arising from damage caused to those by residents (incl. tenants).

    In the absence of a Special By-Law, windows in the common (perimeter) walls of the building are the responsibility of the Owners Corporation (O/C), that is required to “properly maintain and keep in a state of good and serviceable repair the common property” and “must renew or replace any fixtures or fittings (like windows) comprised in the common property” (ref: S62 of the NSW Strata Schemes Management Act).

    Windows are covered for damage by “defined events” (e.g storm damage) under the Building Insurance that’s compulsorily held by the O/C, and in the absence of any defects / warranty liability by the original constructor of the building, I seriously doubt that the problem with the windows that you describe would be covered by that Building Insurance, but that doesn’t absolve the O/C from meeting all costs involved in meeting its obligations under S62.

    So in summary, in the absence of that Special By-Law the problem you describe is not something that Owners could be held responsible for rectifying.