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I sent my strata manager an email a month ago requesting repairs to my windows and sliding doors which don't slide easily. It is nearly 2 months since I initiated the request and during this time they tell me they are trying to get quotes. Does it usually take that long to get a quote to fix several sash windows and sliding doors? Also when I also mentioned the locks on some of the windows were deteriorating, they said it wasn't common property. This is quite confusing as I thought that the locks were part of the window therefore should be common property. Is this assumption correct?
Thanks
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With the quotes, I believe in most cases a strata manager can only approve a quote and hence work to commence for emergency repairs, which I do not expect your window repairs would be. Most work quotes have to go through the executive committee, so if your strata manager has obtained quotes (which obviously you don't know yet), perhaps your executive committee hasn't approved them, either by not being able to reach an agreement, believing the quotes are too high, or not believing the work is required at this time.
Separately, with regards to the window locks, my understanding is also that they would be lot property, as opposed to common property. I guess there may be an exception where they are fully part of the window / window frame and were marked as common property when the strata plan was registered, but I don't know how common this is (or whether this is possible at all).
Can you obtain your own quotes? It'll then be easier to pressure them to take action.
The standard bylaw 5(5) requires the owner of the apartment to maintain and repair locks and safety devices without claim on the owners corporation.
Hi Chopsuey
Original windows, locks, handsets and sashes installed at or before registration of the strata plan are common property but those items may be the owner’s responsibility if the strata plan was registered before 1 July 1974. Further, any deadlocks installed after registration of the strata plan will be the owner’s responsibility.
Regards
Chris Kerin
Senior Lawyer
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TEYS Lawyers
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My Uncle Jamal said:
The standard bylaw 5(5) requires the owner of the apartment to maintain and repair locks and safety devices without claim on the owners corporation.
That is not the case. 5 (5) simply says that if you have installed locks, screens or security devices yourself, then you have to maintain them. Here is what it says …
5 Damage to common property
(1) An owner or occupier of a lot must not mark, paint, drive nails or screws or the like into, or otherwise damage or deface, any structure that forms part of the common property without the approval in writing of the owners corporation.
Then …
(3) This by-law does not prevent an owner or person authorised by an owner from installing:
(a) any locking or other safety device for protection of the owner’s lot against intruders
And finally
(5) Despite section 62, the owner of a lot must maintain and keep in a state of good and serviceable repair any installation or structure referred to in subclause (3) that forms part of the common property and that services the lot.
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.
If the tradesman is doing work for the Owners Corporation you can ask him (or her) to help with the blinds but you will have to pay extra – it's not part of the OC's work.
You need to check your by-laws to see if there's any restrictions on the type and style of blinds that you are allowed to install. If there isn't, you can do what you like as long as you don't damage common property.
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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