Strata Industry at Risk – Workplace Safety

If a lot owner or resident has amended common property, they must ensure prior approval. If they don't have approval, they may be liable under strata law and other regulations. As the window restrictor is regulated for windows built from a certain period, whilst not legally required under the Strata Titles Act to do regular checks, other Acts and regulations note requirements of the duty of care. Section 91 of the Strata Titles Act however does have the following obligations under the Act:

91. General duty

A strata company must —

2. control and manage the common property for the benefit of all the owners of lots; and
3. keep in good and serviceable repair, properly maintain and, if necessary, renew and replace — 
    
   1. the common property, including the fittings, fixtures and lifts used in connection with the common property; and (ii) any personal property owned by the strata company, and to do so whether damage or deterioration arises from

If the strata company is aware of owners who have removed restrictors, this could be violating other regulations such as building standards, the Residential Tenancies Act and WHS requirements but also the scheme's insurance. It would be up to the strata company whether they do regular checks, but a good place to start is to notify all owners of their obligations and ask them to confirm compliance. This could also be placed in the Notice of AGM as a motion and reminder to all owners. Potentially, a check could be organised to ensure compliance, and then, based on the report findings, the scheme could organise lot owners to comply or enforce repair. It will also be prudent to ensure this message goes out to lot owners as a regular reminder.