Some lot owners from NSW have questions about the cleaning and repair of windows. Are windows strata responsibility? Andrew Terrell, Bright & Duggan provides the following responses.
Jump directly to the QUESTION you are after:
- QUESTION: If one owner choses to independently replace windows, will they become liable to contribute to any future special levy raised to pay for the work to be carried out to the remaining units windows?
- QUESTION: Can the Executive Committee pass a special resolution stating lot owners are responsible for the repairs and maintenance of their windows and doors?
- QUESTION: One of the lot owners of our apartment complex raised the question of who should pay for the cleaning of the exterior glass panel windows?
- QUESTION: Is the owners corporation responsible for replacing consumables such as rollers, flyscreens and window seals, as a result of age or does this cost usually fall on the owner?
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Question: If one owner chooses to independently replace windows, will they become liable to contribute to any future special levy raised to pay for the work to be carried out to the remaining units windows?
The AGM at our Strata property was held today and it was agreed that quotes be obtained for the replacement of aluminium windows and doors.
The property was built 45 yrs ago. There are 12 lots on the title and the cost will be around $160,000 so about $13000.00 per unit.
If only one owner wishes to undergo this work, and obtains body corporate approval for the work to proceed, pays for the replacement windows and doors from his/her own funds, will the owner then becomes liable to contribute to any future special levy raised to pay for the work to be carried out to the remaining 11 units?
Answer: If a single owner wanted to undertake the work, they would need to seek general meeting approval and would take out a by-law. Potentially the by-law could also insulate them from meeting the cost of the windows and doors to other lots.
It wouldn’t be a good scenario to have one owner undertake the work. Windows and doors are an integral part of common property and a very much a liability if they are close to needing replacement.
If a single owner wanted to undertake the work, they would need to seek general meeting approval and would take out a by-law. Potentially the by-law could also insulate them from meeting the cost of the windows and doors to other lots (but to my mind, that would require the consent of all owners as it would be effectively granting exclusive use of the windows/doors to that owner and then the remaining windows/doors to the other owners).
Having one owner undertake the work isn’t advisable. The owners corporation is best of doing the work as a single project (and keeping the windows/doors part of common property ) and borrowing the money from a strata finance provider such as Strata Loans, Lannock or Macquarie if they don’t want to raise the money quickly by way of special levies.
The only spanner to throw in the works is that if the building is pre 1974 and thus doors and windows leading onto a balcony may not form part of common property: Pre 1974 plans
Andrew Terrell
Bright & Duggan
E: [email protected]
This post appears in the September 2020 edition of The NSW Strata Magazine.
Question: Can the Executive Committee pass a special resolution stating lot owners are responsible for the repairs and maintenance of their windows and doors?
Can the Executive Committee pass a special resolution stating all lot owners are responsible for the repairs and maintenance of their windows and doors, absolving them of the responsibility?
If this is legal and the special resolution is passed, do I have to comply even though I do not agree with the decision?
Answer: The Executive Committee doesn’t have the ability to make any type of resolution other than a majority resolution and doesn’t have any right to make changes to common property.
The Executive Committee doesn’t have the ability to make any type of resolution other than a majority resolution and doesn’t have any right to make changes to common property.
Assuming it’s the owners corporation at a general meeting wanting to make such a change, it’s my view that the owners corporation would have to:
- Pass a special resolution in accordance with S106(3) that it is inappropriate for the owners corporation to maintain and repair the windows and doors.
- Pass a by-law under S108 giving that the owners of lots must maintain the windows and doors of their lots. The by-law would need the consent of every lot owner burdened/benefitted by the by-law in accordance with S108(5).
Given that windows and doors are part of the structure of the building and a large part of the appearance of the scheme I don’t believe S106(3) would be met –
(b) its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.
If the owners corporation pass motions per the above, I believe it would be easily challenged at the tribunal or the court system. It would not be well advised of them to do so and they should consult a solicitor.
Andrew Terrell
Bright & Duggan
E: [email protected]
This post appears in Strata News #254.
Question: One of the lot owners of our apartment complex raised the question of who should pay for the cleaning of the exterior glass panel windows?
One of the lot owners of our apartment complex raised the question of are windows strata responsibility and who should pay for the cleaning of the exterior glass panel windows?
Our apartment complex is registered with the Land Titles Office prior to 1 July 1974. Our Strata Manager is adamant that regardless when the Strata Plan is registered, the Owners Corporation are responsible for the costs of exterior window cleaning to all apartments.
Are windows strata responsibility? If not, what would be the best way to address this matter with all Lot Owners in our Strata Complex?
Answer: The owners corporation has an obligation to repair and maintain (clean) common property.
The owners corporation has an obligation to repair and maintain (clean) common property.
There’s nothing in the question which tells me the windows are not common property and as such, the owners corporation are obligated to clean the windows.
I further note that sometimes a by-law will be introduced at a scheme giving that owners / occupants are responsible for cleaning ‘accessible’ windows, which is a reasonable approach – i.e. those which can be easily reached from a balcony without any danger.
We would suggest that owners corporations have a regular regime of cleaning inaccessible windows, which might be annually or more routine if the building is coastal or on a major road.
As the scheme was registered prior to 1974, you may wish to read this article: NSW: Pre 1974 Schemes and the Centre Line Rule
This article doesn’t change my view on cleaning as inaccessible windows pre 1974 likely still remain common property.
The owners corporation should seek specific advice as if pre-1974 the plan will need to be reviewed.
Andrew Terrell
Bright & Duggan
E: [email protected]
Question: Is the owners corporation responsible for replacing consumables such as rollers, flyscreens and window seals, as a result of age or does this cost usually fall on the owner?
Answer: If the fly screens are original, they will fall on the owners corporation to maintain.
The owners corporation is responsible for maintaining window consumable (rollers, sashes, etc) provided the windows do not fall under the remit of the relevant owner under an exclusive-use by-law (it’s pretty rare that they would but not out of the question).
If the fly screens are original, they will fall on the owners corporation to maintain.
Andrew Terrell
Bright & Duggan
E: [email protected]
This post appears in Strata News #204.
Have a question the cleaning or repair of windows in apartments or something to add to the article? Leave a comment below.
This article is for reference purposes only and is not intended to be a comprehensive review of the developments in the law and practice or to cover all aspect of the subject matter. It does not constitute legal or other advice and should not be relied upon this way. Readers should take legal or other advice before applying the information containing in this publication.
Read Next:
- NSW: Fair Trading Providing Incorrect Information About Window Safety Devices
- NSW: So What Happens if the Owners Corporation Does Not Fix the Building?
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Who is responsbile for replacing an exterior window in our strata building?
Hi Elaine
As stated in the article above: “The owners corporation has an obligation to repair and maintain common property.” For more about what is common property in your building, you can access the NSW Fair Trading’s Common Property Memorandum here.
I have lived in my unit for over 12 years – 3rd floor. The kitchen, laundry and bathroom windows are not accessible for cleaning purposes.
I’ve been asking the Strata and OC to have the windows cleaned professionally, but it has not been done for over 12 years. You cannot see much through the kitchen window anymore.
Is there a formal process by which this issue can be resolved?
Hi Liz
This article should assist. Even though it discusses Garden Maintenance, the actions are applicable:
NSW: Q&A Making Sure the Garden Outside My Apartment is Maintained
Hi – it’s my view that the committee can determine that, however second floor windows are not accessible without equipment and thus fall on the OC.
Relating to window cleaning in a Strata complex, how is “accessible” defined? We have a townhouse block only 2 levels high and windows can easily be reached with a hose. Although it is Owners Corporation responsibility to clean “Inaccessible” windows under the Common Property Memorandum adopted by our Strata Plan, who decides what is “accessible” in these cases? Individual owners or can the Committee as representative of all owners decide?
Thanks
Hi Anna – see article here – https://www.lookupstrata.com.au/nsw-pre-1974-strata-plans-centre-line-rule/
Who is responsible for the installation of safety glass ? Our building was registered pre 1974 and we have floor to ceiling window on the top floor of the block that definitely does not meet safety standard. Is it our responsibility to replace or strata?
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