Old windows…who repairs them?

How old is the building – this makes all the difference as in pre-1974 buildings the windows are the lot owners responsibility.

Also, what do you mean by “my strata”?  The strata manager, the executive committee?  Who?

@ROBYN SHORT said:
Hi, Interesting discussion thank you.  Is it a fact that pre-1974 buildings’ windows are the responsibility of individual lot owners  

I answered this incorrectly before (and have since been corrected by Whale in Item 6).  Windows on to balconies were lot owner property in pre-’74 buildings but became part of common property thereafter.

Robyn – in response to your question about guidelines / interpretations regarding the responsibility for windows and /or doors adjoining the balcony of a Lot within pre-1974 Schemes, here are two that may be helpful:

A “Direction” from NSW Land & Property Information (incorporating the former Land Titles Office) until such time as our State Government sells it off (too).

From Strata Community Australia as the Peak Strata Industry Body; refer item 20.

piximalone – I suggest you read the above, however if the windows to which your post #1 refers are within a post 1974 Scheme, then YES the Owners Corporation is responsible to properly maintain them to the extent that they’re among other things “fit for purpose”, but if that’s not adequate in your opinion due to noise etc and you wish to have them replaced, then YES you would need to obtain the prior written consent of your Owners Corporation at a General Meeting and pay for the preparation and Registration of a Special By-Law only if, as I expect, your Owners Corporation wishes to make you and future Owners of your Lot (and not it) responsible for the on-going maintenance of those.

Finally, HERE is a link to the requirement for window locks to be installed and maintained on some windows by the Owners Corporation (not by individual Owners) before 31 March 2018.

Jimmy – your journalistic skills are really honed, as despite the fact that my “correction” was oblique you still picked it up.

No self-imposed penance was necessary or expected, especially as Whales living in aquariums shouldn’t provide their neighbours with glass cutters!

YES that is correct, in your circumstances the windows in their entirety are common property and the responsibility of the Owners Corporation in terms of maintenance and repairs, with the exception of cleaning that’s the Owners’ responsibility wherever that can be done safely.

Feliix said…….My understanding is that the windows overlooking a balcony of the lot owner is their responsibility and the other windows on the walls not overlooking the balconies are the responsibility of the OC. Is this correct?

That’s what’s been advised in earlier posts with regard to Schemes registered prior to 1974, so YES

Felix asked…….Should the OC want to install a by-law for this Strata that would place the maintenance and repair for the windows on the lot owners, what would be required?

A special resolution at a General Meeting of the Owners Corporation (O/C) would be required, but that is conditional on the building itself and the item of common property involved, in this example windows, not being adversely affected by a decision by the O/C not to maintain and repair. Further, should the O/C wish to have maintenance and repairs instead undertaken by Lot Owners (as opposed to not at all) then there’s a further condition that each Owner agrees in writing to do that and to have that requirement included in and enabling special by-law. So in summary, such an action would be extremely difficult for an O/C to introduce.

If you really want your windows upgraded, you can do it but you will probably have to drive the project.  No one else is going to push for anything that might require money or effort.

First, get a rough estimate from a reputable installer of what it would cost to do the entire building.

Then talk to a strata finance firm (like our sponsors Lannock) to get a rough estimate of what that would do to your levies over, say, three to five years.

Then present this plan to your neighbours through the executive committee or at your next AGM (make sure you get it on the agenda). 

If it is rejected, you then have three choices.

A: Get permission from the Owners Corp, via a special resolution, to replace or repair your own windows.

B: Demand that the owners corp fix your windows under its legal obligation to maintain and repair common property. 

C: Look forward to another hot summer followed by a windy winter.

If they won’t give you permission, then plan B could kick in.  You could even go to NCAT and ask for orders forcing the OC to pass the special resolution for plan C.

If it gets to the point where NCAT orders your OC to repair your windows, the other owners should be advised that it is a lot cheaper and visually consistent to replace all the windows at once rather than doing it piecemeal.

Which brings us to the first option – a plan for the whole building that doesn’t requuire a special levy.

All that said, if you can sit down with your committee and present a coherent and affordable plan, it could save you a lot of grief in the building.

If you try to force their hand, you could become very unpopular very quickly.

By the way, from my balcony I can see an old 60s building where one owner has installed nice new plastic coated double glazing and no one else has.  It’s great for the person living there – not so good for the look of the block.