NSW: Can a special resolution shift responsibility for windows and doors to lot owners?

Question: Can the committee pass a special resolution making lot owners responsible for repairs and maintenance of windows and doors?

Can the executive committee pass a special resolution stating that all lot owners are responsible for repairing and maintaining their own windows and doors? If this special resolution passes and owners disagree or vote no, do they still have to comply with the decision?

Answer: Owners corporations should be very cautious about attempting to transfer maintenance obligations for windows and doors.

In NSW, an owners corporation cannot shift responsibility for the repair and maintenance of common property (including windows and doors) merely by passing a special resolution.

Under section 106 of the Strata Schemes Management Act 2015, the owners corporation is responsible for maintaining and repairing common property. In most strata schemes, windows and external doors form part of the common property.

If an owners corporation wants to transfer responsibility for common property windows and doors to individual lot owners, this must be done by way of a registered common property rights by‑law under section 108 of the Act, not a standalone special resolution.

Critically:

• A by‑law is required (not just a motion or resolution)
• The by‑law must pass by special resolution
• The written consent of each affected lot owner is required
• The by‑law must be properly drafted and registered on title

Without all of the above, any attempt to “shift responsibility” of all windows and doors is ineffective and unenforceable.

Do dissenting owners have to comply?

If a valid common property rights by-law has been passed and registered, and the affected owner has provided the required written consent, the owner is bound by the by-law even if they voted against the motion or expressed disagreement at the meeting.

However, if an owner did not give written consent, or if the owners corporation relied only on a special resolution without a registered by‑law, the responsibility remains with the owners corporation and the owner is not obliged to comply.

Owners corporations should be very cautious about attempting to transfer maintenance obligations for windows and doors. Done incorrectly, these arrangements expose the scheme to disputes, invalid resolutions, and ongoing liability under section 106.

This post appears in the May 2026 edition of The NSW Strata Magazine.

Mark Louis
Vital Strata Management
E: mark@vitalstrata.com.au
P: 02 9008 1112