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  • #8962
    jsto3098
    Flatchatter

      The Owners Corporation is replacing our balcony’s glass door and panels . Their replacement will destroy the solar tinting which was attached at our expense.The Strata Manager has advised the Chairman & Secretary that the Owners Corporation is not responsible for the restoration of the tinting because it was “added at a later date”[whatever that means]. I think it is a clear case of consequential damage covered by Sec 65 (6). What do you think??

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    • #19144
      Whale
      Flatchatter

        The Strata Manager is advising that as the glass tinting was added (by you) some time after the date that the Owners Corporation’s (O/C) glass door and panels were originally installed, and as the O/C is only required to replace items such as those to their original state, that’s minus the glass tinting.

        That’s a hard-line approach but under the provisions of the (NSW) Strata Schemes Management Act it’s correct, unless of course you originally sought and obtained the consent of your O/C to “alter or change” their Common Property by fitting the glass tinting to their glass door and panels.

        I’m guessing that you didn’t obtain the O/C’s consent, but if it’s any consolation at all you’re no worse off as any consent would typically include conditions requiring you and subsequent owners of your Lot to be be responsible for all on-going maintenance, repairs, and replacements of the tinting, and as a worst case for the glass door and panels themselves.

        So you’re probably in front, but before you consider new tinting, I’d suggest that you seek your O/C’s consent to the installation of that in advance, and try to negotiate some better conditions such as some shared cost should the O/C again need to maintain or repair its Common Property.

        #19145
        kiwipaul
        Flatchatter

          I agree with Whale you are up  for the cost.

           

          BUT

          If you obtained approval to install the tinting (from EC or OC) by having a ordinary motion passed and no bylaw or conditions were included in the motion, then you have the strata permission and as their is no acceptance of ongoing maintenance from yourselves, then it would the the Strata problem to restore the tinting IMHO.

          This to me seems a huge problem with strata law in NSW.

          #19147

          I also agree with KP & Whale.

          I have also heard it argued that the application of a tinted transfer on the inside of the glass is considered to be similar to the application of paint on your internal walls (i.e. it is within the cubic airspace of your lot). I do not know if this argument has been tested at the CTTT.

          Additionally, although solar tinting makes great sense for a number of reasons, approval in some buildings is hard to come by as the tinting will often change the appearance of the buildings exterior, especially where reflective tinting is used.

          Interestingly, if he glass is being replaced due to cracks or breakage or another insurable event, then it could possibly be claimed on the owners corporations insurance. The insurers in this case usually pay for the glass to be restored to its previous state (i.e. with tinting).

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