A reflection on old windows in a dysfunctional scheme

Windows deteriorate over time. Everyone has seen buildings where the windows have seen better days. We invested into a building dating back to the sixties and didn’t realise until well into our renovations that the windows were so badly corroded they did not slide open, seal or lock and were in desperate need of replacement. To make matters worse the Owners Corporation was not making any repairs to common property that had deteriorated over the last 50 years, as detailed in the 10 year plan.

As a Pre-1974 registered strata plan, the windows and doors off our balcony are a part of the lot to maintain, however the two bedrooms and bathroom windows off to the side are a part of common property to maintain.
We went ahead and replaced the windows with ‘new for old’ using the same materials and following the existing design. We did not apply to get Owners Corporation approval as it become very apparent from the start that the scheme was run by a dysfunctional committee and colluding strata manager to boot.
We had submitted all engineering and certification for our structural works which were approved as another executive committee member had done similar work in their lot but following on from the AGM the first cracks started to appear.

The strata management secretary wrote to us accusing us and our tradespeople of illegally parking whilst an executive committee member was illegally parking in our spot. It ended up she knew about it and only when I produced a photo of the offender was it dropped with nothing further said.

At the AGM I was verbally attacked and rudely dismissed by the executive committee for raising the absence of RCD’s (safety switches) on the common property switch boards. With tradespeople working on site this was a genuine concern so we ended up installing our own within our property.

As mentioned earlier our renovations included the approval of engineering for a structural wall to be removed and bylaw passed. I found out another executive committee member had recently done the same but without any approvals.

I was refused a reverse cycle air-con unit (a very expensive super quiet one) that I had included in my submission based noise concerns for the executive member living next door, referring the decision to him for his approval before rejecting us. I was told air-con’s weren’t green, energy efficient and a luxury item that I didn’t need, then they tried to get me to locate it on the other side of the building which was technically impossible. The strata manager declared it was okay to decline ours and approve others with strata records showing the same. There are no bylaws controlling or banning air-conditioners.

Next item, getting the building fire rated…the chairman stated that the strata manager recommended going under Council’s radar due to the high cost, the strata manager acknowledged and confirmed the same.

Not much further was said about the repairs to common property other than they were to be postponed regardless of the 10 year plan. The same plan we had had used as a basis to purchase within the scheme. The common area walls are crumbling with salt damp, peeling paint on warping timber windows and doors with the end result, a building that looks neglected and slummy. Many windows are covered by and array of different blinds, awnings, fly screens and bars with little or no consistency.

One executive committee member put forward a gate to their balcony so they can access the common property garden, another member opposed it for good reasons but regardless it was rushed through followed by an angry outburst that sent members scuffling indicating the AGM had closed.

Soon after the opposing member resigned, quoting corruption, collusion, discrimination and that the executive committee blinded by self interest. This was quickly swept under the carpet by the Strata Manager.

Following on from the AGM, our tradespeople were intimidated, harassed we suffered continual bullying.They tried to impose work hours outside of local Councils and no work weekends, they switched off our power, we had numerous attempted break-ins with locks broken whilst they demanded to inspect our lot.

The strata manager and executive committee sent us threats of a ‘notice to comply’ for a takeaway container left in our car space.
This was minuted by the executive committee, posted on notice boards and detailed on the strata file records like we some kind of criminals and we didn’t even live there! That weekend I arrived to have an executive committee member screaming obscenely at me ordering me to pick up my rubbish.
I walked over and put the bag in the bin, they dropped the ‘notice to comply’ yet all this damage and more still remains on strata records regardless of how ridiculous the claims are.. 

They threatened us with a ‘notice to comply’ for the repairs we did to our balcony, referring to it as ‘damage to common property’ when all we had done was treat concrete cancer, waterproofed and tiled the balcony.
We provided photo evidence of the same before and after to prove it and in fact many balconies throughout the complex are showing concrete cancer on the edges.  Another lot carried out the same work after us but nothing was said to them.

We replaced our flimsy hollow front door with a solid fire rated door and they recorded it on strata records as ‘damage to common property’ again posting it on noticeboards.

We have done nothing but make costly repairs to our property that the Owners Corporation are negligent of maintaining and as a result they have slandered our property records. The records also show they have denied other lots from making repairs to common property or order the repair work to happen.

We got specialist strata lawyers involved pointing out that we had repaired common property not damaged it as they are negligent of making these repairs.

They did not respond to any legal letters sent to them and did not file these letters in strata records so the records showed we had breached bylaws and did not reply to notices to comply when our lawyers had already written to them. .  

After 6 months of a very stressful situation, dealing with their bullying, harassment and discrimination we decided to sell up and move on. It was then that they filed a complaint for mediation with the Department of Fair Trading stating they wanted our windows replaced based on ‘appearance’ as they are slightly thicker (by 15 mm).

We have explained that you can’t buy the same windows that were on the market 50 years ago. Window profiles have changed and the old ones no longer comply with Australian Standards for windows and glazing. We submitted a motion and bylaw for the windows and all of our works to indemnify the Owner Corporation against our works, they rejected it after stating on noticeboards that this was what they wanted from us.

We sent them compliance certification for the windows from the manufacturer and a report on the condition of the old windows. In fact other lots owners in the building have commented they want to replace their windows with the same.

The strata manager and executive committee colluded together and placed false claims on common area noticeboards during all our opens, had meetings and minuted damaging statement against our lot which are completely untrue and then filed the same on the strata records.

After numerous letters from our lawyers have they have dropped all of the ridiculous claims of ‘damage to common property’ but when strata searches were  conducted all their damaging emails and false claims were on file but none of our lawyer’s letters clearing us of any wrong doing.

Buyers have been turned off as they are worried about the situation and the strata manager secretary refuses to clarify the matter and items in dispute when asked. She even wrote to our Real Estate Agent telling him that he needs to let buyers know that their windows will be ripped out and replaced.

The strata management secretary was written to by our layers reminding them that failure to keep complete and accurate strata records was a breach of the “Act” but they will not respond to communications.

They have thwarted our sale based on false claims and yet that executive member I mentioned earlier with no approvals for the removal of a structural wall is being allowed to sell his property without a bylaw passed protecting the Owners Corporation.

The executive committee and strata manager are using bylaws to satisfy a personal vendetta against us. All of their false claims have been dismissed but they won’t clean up strata records.

They are now using the bylaw controlling ‘appearance’ against us stating we breached bylaw as the windows are slightly thicker by 15 mm but as you cannot get the same ones as built 50 years ago what are we to do, they will not say?      

I have submitted a counter claim to the Department of Fair Trading. In the end the matter regarding our windows will be seen as frivolous, vexatious, misconceived and lacking in substance but it would have tied us up for many months paying a mortgage, rates, levies, utilities and after many months of already haemorrhaging cash.

It’s not fair that such a loop hole in the system exists that allows unscrupulous operators like this can control your biggest asset, with no training, accountability or responsibility taken for their actions and I feel we will never get our money back.

It’s exhausting, depressing and leaves you feel trapped until a NCAT tribunal makes sense of the matter in four to five months time and only because a dodgy executive committee that can do this to you.  

Sure I can appeal to the other owners to get rid of these clowns, but getting 75% of them to an EGM with a building that is 76% investors in a large scheme in no easy task. The majority would be completely unaware of what’s happening to their investment with and then would they really care if they are just collecting the rent.

How do you get past old windows when you hit a brick wall?