#18897
Whale
Flatchatter

    jamezb – you’re correct in that a 1974 change in applicable Legislation (in NSW) meant that in most instances any walls (and anything in them such as windows and doors) located between parts of a Lot, such as between a living area and a balcony, were part of the Lot and therefore the responsibility of the Owner.

    To be certain though, you must check the Strata Title Plan for your complex, because there were occasions where a notation was made on those Plans that created an exception to the norm.

    If the works proposed to replace the balcony doors are to be at cost to individual Lot Owners from their own funds and not from those in any account of the Owners Corporation (O/C) then those Owners can agree amongst themselves to any appropriate means to share that cost.

    The costs to replace Common Property windows (only) will be from the Sinking Fund.

    It seems to me that if ALL windows and doors are to be replaced concurrently and by the same contractor, then assuming adequate funds are available the O/C could resolve to meet all the costs from its Sinking Fund which is after all the collective funds of individual Owners, albeit raised on the basis of Unit Entitlement which you claim is inequitous. That would be the most sensible approach in my opinion.