Question: My old, thin windows in my 1990s strata villa have gaps around the edges. Due to this, my villa is not soundproof or energy efficient. Is the strata responsible, or can they refuse to replace the glass?
Answer: If you only want the windows repaired or replaced to address the gaps and restore their original function, the owners corporation would typically be responsible.
In NSW, the general rule is that windows are considered part of the common property. As such, their maintenance and repair are typically the owners corporation’s responsibility. The strata plan registered for the strata scheme may confirm this by outlining that the boundary of the lot includes the internal surfaces of the walls, ceilings, and floors, meaning the windows (including the glass) are common property.
In your case, given that the windows are original to the 1990s construction, the responsibility for repairing or replacing faulty or deteriorating windows would generally lie with the owners corporation, particularly if gaps are present that affect the soundproofing and energy efficiency of your villa. The gaps you describe could indicate a defect or lack of maintenance that should be addressed to ensure the strata scheme is meeting its obligations (under Section 106 of the Strata Schemes Management Act 2015 (NSW)) to repair and maintain its common property.
However, it’s important to distinguish between repairs and enhancements. If your goal is to improve soundproofing or energy efficiency, this would likely be considered an improvement or enhancement rather than a necessary repair. Under Section 110 of the Strata Schemes Management Act 2015, such enhancements would require an application for approval from the owners corporation.
For example, upgrading to double-glazed windows or higher-quality glass for soundproofing or thermal efficiency would fall under this category. In these cases, you would need to formally propose the upgrade to the owners corporation, providing details of the planned work, the benefits, and how it might impact common property. Depending on the extent of the work, this may require approval by a general meeting or by the strata committee under certain conditions. The owners corporation is not obligated to cover the costs for improvements like these, so you may need to fund the enhancement yourself unless they agree to contribute.
If you simply want the windows repaired or replaced to address the gaps and restore their original function, the owners corporation would typically be responsible. However, if they refuse to act, you may need to provide evidence of how the current state of the windows is causing issues, such as increased energy bills or drafts, and escalate the matter through NSW Fair Trading or the NSW Civil and Administrative Tribunal (NCAT).
This post appears in the November 2024 edition of The NSW Strata Magazine.
Tim Sara Sara Strata E: tim@sarastrata.com.au P: 04 8500 7960