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With the recent storms (NSW) I had water penetrating into my flat. I have asked the strata to repair (which they did las year) but now I am being told this will not be done as my windows are not original. I have been living in this flat for 16 years. There are many other units with non original windows (usually enclosing old balconies). The building was build circa 1940.
If this refusal valid? There are no by-laws that I can find stating that owners are liable for repair/replacement of such windows.
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You haven’t said when (or whether!) your property was brought under strata titles legislation. If before 1974, windows are a private responsibility. If after, an OC responsibility except if someone replaced a common-property window with something inappropriate the current owner of that unit should bring it up to standard.
You haven’t said when (or whether!) your property was brought under strata titles legislation.
Olivia refers to “the strata”. But you’re right, unless bylaws have been adopted to take windows into common property, then they are her lot responsibility.
And that would mean the owners corporation probably shouldn’t have paid for the inadequate repairs the first time around.
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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