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QUESTION: I live in a building built in 1965. What differences are there for buildings if the strata plan had been formed under the 1973 act in terms of the treatment of common property? – Dyden, via Forum.
ANSWER: The significant difference was that the line between lot property and common property was moved from the middle of external walls to the inside, meaning that windows and balcony doors became common property rather than lot property
This issue is becoming increasingly significant as these older buildings are … well … getting old. And while it may suit owners not to contribute to repairs and replacement of failing windows and doors in other units, failure to maintain them can affect the whole building.
Water penetration into walls via ill-fitting window frames can cause untold damage and the noise from worn rollers on balcony doors can drive downstairs owners insane.
Also, if everyone is left to their own devices with windows, you can end up with a with a mixture of old and new, expensive and cheap, timber and metal frames that make your building look like it was designed with leftover bits of Lego.
That’s why owners corps in pre-1972 blocks should seriously think about taking over responsibility for windows and doors. There’s more on this HERE.
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.
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