#18908
Whale
Flatchatter

    Jimmy – I wouldn’t bet my last cent on it, but so far as I’m aware the change from the 1960’s Legislation to the 1973 Strata Schemes (Freehold Development) Act resulted amongst other things in a change to the recognised boundary between Lots and the Common Property, from the centre line of common walls, floors, and ceilings to the inner face of those.

    Again, I’m not certain, but so far as I’m aware one of the savings provisions in the 1973 Act left walls separating parts of the Lot in already Registered Plans as part of those Lots; that is as it was under the 1960’s Act. 

    It’s not really germain to the question so I haven’t bothered to search for the old Act/s, but whilst jamezb should still check the Strata Title Plan for any relevant notations / exceptions, the norm is I believe as he/she’s stated for pre- 1974 Plans.   

    KP – in NSW (which is where I think jamezb‘s located) O/C’s can resolve by a simple majority to carry out works for which its not otherwise responsible, and without then becoming responsible for whatever it is that they’ve done infinitum. 

    I think that I’ve missed the original question though, where ….

    jamezb said

    Should the cost of the ‘common property’ window replacement be split due to ‘unit entitlement’ or split in regards to % of square metres required.

    and where my response is, if the total cost of replacement for Common Property windows is to be met from O/C’s funds (i.e. Sinking Fund) then its already been “split” in accordance with the units of entitlement (UOE) on its way in, and if the O/C needs to raise the funds necessary by way of a Special Levy then again it should apportion Owners’ contributions in accordance with UOE; although if a different once-off formula could be agreed upon by way of a simple majority at a General Meeting I wouldn’t be too concerned.