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  • #69129
    andyj
    Flatchatter

      Hi Flat-Chatters,
      My neighbor set fire to her bedroom curtains earlier this year during an Anzac Day display. The resultant fire badly cracked her bedroom window and destroyed the curtains (naturally). She has since approached the strata agent and the strata committee asking that strata pay for the repairs to the window and bedroom damage. Being on the strata committee, I suggested that replacement of the curtains was her responsibility as well as the repairs/repaint of the bedroom, however I am not so certain re the window itself. The strata plan was registered in 1970 and is in NSW.
      Any advice appreciated re who is responsible for the window/glass repair costs

      • This topic was modified 1 year, 3 months ago by .
    Viewing 9 replies - 1 through 9 (of 9 total)
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    • #69131
      scotlandx
      Strataguru

        This can be very confusing but the general rule is for strata schemes registered before 1974, doors and windows that fall within a property’s boundary lines are the owner’s responsibility. So you should check the strata plan and the boundary lines for the lots.

        The curtains and internal repairs are the lot owner’s responsibility and she should claim on her insurance.

         

        #69194
        Jimmy-T
        Keymaster

          My neighbor set fire to her bedroom curtains earlier this year during an Anzac Day display.

          Okay, I give up. What is the significance of the Anzac Day display?  Was she firing bottle rockets out of her window?

          The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
          #69198
          Flame Tree (Qld)
          Flatchatter

            You’ll need confirm your thoughts, and who then pays, from the actual legislation relating to this. Aswking in here may be right or too general or may be wrong. But for my 2c worth which may be one of the 3, I’d think the flip the apartment upside down and see what doesn’t move will tell you which is the committees cost, and which drifts or crashes to the floor is hers, and her home contents insurer if she has such.

            #69204
            Jimmy-T
            Keymaster

              I’d think the flip the apartment upside down and see what doesn’t move

              I think I’d go with Scotlandx’s answer which is pretty much on the money and is based on the “actual legislation”.

              The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
              #69207
              scotlandx
              Strataguru

                I really really want to know what an ANZAC Day display is that involves flames in a bedroom. Clearly my life is very boring.

                #69211
                tina
                Flatchatter

                  I really really want to know what an ANZAC Day display is that involves flames in a bedroom. Clearly my life is very boring.

                  My guess is that it was a candle.  People light candles when they remember the dead.

                  #69213
                  Jimmy-T
                  Keymaster

                    My guess is that it was a candle.  People light candles when they remember the dead.

                    Oops.  Not familiar with that tradition in relation to Anzac Day.  Makes my comment about bottle rockets seem a bit insensitive.

                    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
                    #69307
                    andyj
                    Flatchatter
                    Chat-starter

                      Yes Tina is correct. My neighbor lit a candle and placed it in the window. She then for some inexplicable reason closed the curtains and left the room. The rest is history so I guess in a way the damage was caused by negligence?.
                      Nice to see our Guru scotlandx is still with the forum. His advice is always accurate and sagely 🙂

                      #69322
                      scotlandx
                      Strataguru

                        Thanks andyj!

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