- This topic has 5 replies, 3 voices, and was last updated 8 years, 3 months ago by .
-
Topic
-
1. Our Heritage building was built in the 1930’s and the strata plan registered in 1972. From this Flat-Chat thread, as it was registered before 1975, I understand that the windows are not common property, and thus repairs etc are the owner’s responsibility. If this is correct our Exec Committee are not correct as they are planning to do the work as a common property project, do some extra work some regard as non essential, and raise a substantial levy to the distress of some owners.
2. Regardless of the above issue the following is the other current consideration. The widows are wooden sash windows that require repairing and painting. They rattle from wear in heavy winds and the Exec Committee and the wealthy owner group want to install felt pile seals to stop the rattles. This doubles the cost of the work and the levy, and causes further ongoing maintenance cost issues with repainting and repair/replacement of the seals. One proposal is to have windows rattles reduced during the service, which skilled sash window repairers claim they can do, and thus seals need not be installed. My suggestion is that owners that want seals pay the extra and be responsible for ongoing maintenance of the seals. The PROBLEM is that the Committee want standardization and claim all the window refurbish works must be done the same for all units as they are common property, and we all must pay double for the the job with new seals. Is this a valid claim that there MUST BE STANDARDIZATION of all window repairs, or can we have both types of repair.
-
Replies
-
Windows located in an external wall should be a common property responsibility in your heritage building.
From the Land and Property Information site of the NSW govt is this:
The original legislation (i.e. prior to 1974) provided that the boundary between separate lots or between lots and common property was the centreline of the dividing structures being walls, floors or ceilings. Upon the commencement of the new legislation on 1 July 1974 these boundaries, for previously registered plans, moved to the inner face of the walls, the upper surface of the floors and the lower surface of the ceilings. The structure then became common property.
See here:
https://rgdirections.lpi.nsw.gov.au/strata_schemes/miscellaneous/pre_1974_plans
If your scheme was registered in 1972 then the boundary would have moved from the centreline to the inner face in 1974. In my opinion your strata scheme EC is correct in determining that the windows are located on common property.
The window repairs should be standardized if the strata scheme is responsible for the maintenance and repair of common property.
However, if you have concerns about the cost then you can always raise your own Motion via the Secretary of the strata scheme proposing your cheaper alternative. Your alternative motion can then be voted on at the General Meeting along with the the Motion favoured by the EC. Make sure that you send your Motion to the Secretary BEFORE the Agenda is sent to the Lot owners, or it will not be included on the Agenda.
Be mindful that if you are in the minority you may end up paying the levy and having the windows repaired in a way that the majority decides.
Fairgo – Balcony walls are different from external walls. The comment that you cut and pasted was referring to a balcony wall.
Are the wooden sash windows located in a balcony wall or are they located in an exterior wall that is NOT a balcony wall?
Hi there, F.y.i or not, if have read the below accurately, perhaps the committee be persuaded to conduct a window audit. The building I live in has gorgeous timber sash windows and owners have agreed to that happening. There are a number of firms doing this from research I’ve heard of. Good luck!
- You must be logged in to reply to this topic.