Flat Chat Strata Forum Common Property Current Page

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  • #9209

    On the Fair Trading web site under Strata Schemes is listed an item – “Window safety device requirements”. At the link in answer to the question – Can the installation of window safety devices be delegated to each individual lot owner it is stated that the law is quote – The owners corporation can adopt a common property rights by-law which confers the right and obligation to install and maintain any locking or safety device to individual lot owners.

    Is this legal advice by Fair Trading correct that an OC by passing and registering such a bylaw can opt out of its responsibility to install same otherwise imposed on it by the Act?

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  • #22192
    Lady Penelope
    Strataguru

      John – My interpretation of the comment on the OFT site is this:                                   

      The obligation to install window locks cannot be passed on to a lot owner or tenant, however, a lot owner may elect to install the safety locks themselves.

      When and if this occurs, the lot owner must ensure that the devices meet the legal requirements and that they are responsible for the cost, maintenance, and any damage to common property resulting from the installation.

      In my opinion that is the only situation that will trigger the following action that you alluded to above: The owners corporation can adopt a common property rights by-law which confers the right and obligation to install and maintain any locking or safety device to individual lot owners.

      I agree that the wording on the OFT site is confusing but my interpretation is that the two parts of the information (included below) should be read together rather than in isolation.

      The OFT site states:

      As a lot owner, do I need to obtain permission to install a window safety device in my own lot? 

      Although the owners corporation has principal responsibility for the installation of window safety devices, lot owners have the right to install window safety devices themselves.

      However, lot owners would need to pay for the costs involved and must make sure the devices meet the legal requirements. Lot owners must notify the owners corporation within 7 days after completion of the installation. Lot owners who install devices are responsible for any damage to common property from the installation.

      Can the installation of window safety devices be delegated to each individual lot owner? 

      The owners corporation can adopt a common property rights by-law which confers the right and obligation to install and maintain any locking or safety device to individual lot owners.

      The owners corporation can also consider adopting the model by-laws located in Schedule 3 of the Strata Schemes Management Regulation 2015. The model by-laws allow individual lot owners to install and repair window safety devices in their own lot without obtaining consent from the owners corporation. Any locks installed this way must be maintained by the individual lot owner.

      NB: The window safety devices requirements are found in the Strata Schemes Management Act 2015 s 118, 122, 129, Sch 3 cl 13  and  the Strata Schemes Management Regulation 2016 cl 30, 31. 

      #21951
      Lady Penelope
      Strataguru

        To clear up the confusion and the ‘incorrect’ information on the OFT site about the responsibility for the window locks please read this legal opinion:

        https://muellers.com.au/2017/wp-content/uploads/2018/04/Window-Safety-Child-Safety-Locks-and-Fair-Trading-NSW.pdf

        #29758

        Regarding the maintenance of these window safety locks – once they have been installed by the owners corporation, is there a stated requirement for all of the devices to be inspected annually? It would seem strange, given that in the Fair Trading document it seems that residents are able to leave them unlocked if they wish. Canterbury-Bankstown area of Sydney, NSW.

        #29762
        scotlandx
        Strataguru

          No there isn’t. And yes you are correct, owners can leave them unlocked or even remove them if they choose. Very useful exercise.

          #30273
          confused1
          Flatchatter

            I have an AGM coming up next week and the SM has a motion for a by-law to give exclusive use of window locks to owners, so they can maintain or change them as they wish. 

            Is this necessary? As I understood it these are not common property, the OC were only responsible to ensure the building was compliant as at 13/3/18?

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