New window on an ageing issue

Reflections on old windows and 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 repairing the common property which has deteriorated over the years.
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 and materials. We did not apply to get Owners Corporation approval as it become apparent that the scheme was run by a dysfunctional committee and colluding strata manager to boot.
Don’t get me wrong, I submitted all engineering and certification for structural works which were approved at an AGM but following this the cracks started to appear. That week the strata manager 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 they 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 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 and I found out executive members had done the same but without approvals like the rest of the OC. I was refused a reverse cycle air-con unit included in my submission based on noise concerns for the executive member living next door, referring the decision to him for his approval. I was told air conditioners 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 our and approve others and strata records showing evidence of other approvals and 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 cost, the strata manager acknowledged and confirmed.
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 a 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 harassed we suffered continual bullying, and intimidation. 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 threats of a ‘Notice to Comply’ for a bag of takeaway containers 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. We didn’t even live there! That weekend I arrived to have an executive committee member scream obscenities at me ordering me to pick up my rubbish. I don’t I walked over and put the bag in the bin, they dropped the ‘Notice to Comply’ but all this damage and more remains on strata records regardless of how ridiculous it is.
They threatened us with a ‘notice to comply’ for the repairs we did to our balcony, referred to it as ‘damage to common property’ when we had treated concrete cancer, waterproofed and tiled the balcony. We provided photo’s of the same before and after to prove it. Another lot carried out the same work after us but nothing was said to them. We replaced our rotten hollow front door with a solid fire rated door and they recorded it on strata records as ‘damage to common property’. We’ve done nothing but fix and make costly repairs to our property and they have slandered our property records. The records show they have denied other common property repairs to lots.
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 to 20mm).
We’ve 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 to indemnify the Owner Corporation against our works which they rejected and even included the compliance certification for the windows from the manufacturer. In fact other lots owners in the building 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 which are untrue that they then filed on the strata records. After numerous letters from our lawyers have they dropped all of the ridiculous claims of ‘damage to common property’ but when strata searches have been conducted independently and by myself all the damaging emails and false claims are still on file and 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 refuses to clarify the matter when asked. The strata manager was written to via layers reminding them twice by our lawyers that failure to keep complete and accurate strata records was a breach of the “Act” but they will not respond to communications.

They have damaged our sale based on false claims and yet that executive member I mentioned earlier with no approvals for removal of a structural wall is being allowed to sell his property without a bylaw passed to protect the Owners Corporation even after the strata manager was informed of the same.

The executive committee and strata manager are leveraging bylaws to fulfil a personal vendetta against us.
All of their earlier false claims have been dismissed but they won’t clean up strata records. I have submitted a counter claim to the Department of Fair Trading and although the matter regarding our windows will be seen as frivolous, vexatious, misconceived and lacking in substance it can tie you up for many months, bleeding cash.
Unfortunately, the system allows unscrupulous clowns like this to control your biggest asset, with no accountability or responsibility taken for their actions. It’s exhausting, depressing and expensive either way you go whether we wait 4-5 months for a NCAT hearing or you take the civil action claim road.

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