Question: Our building was built pre 1974. The Strata Committee wants to replace all windows and balcony sliding doors but we are unable to tell from the strata plan if the balconies are common property.
Our 50 year old block of 12 lots was registered pre 1974. The Strata Committee wants to replace all windows and balcony sliding doors in the building. All windows face Common property. All sliding doors lead to individual balconies.
Do we need 100% of OC agreement to do this necessary remedial work? We are unable to tell from the strata plan if the balconies are common property, though the OC recently replaced all the balustrades.
Answer: It is hard to say from your description as to whether the windows and doors are lot or common property.
It is hard to say from your description as to whether the windows and doors are lot or common property.
Generally, if the centre-line rule apples and assuming that the strata plan does not show otherwise:
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- Windows and doors on the boundaries of the lots will be common property.
- Any windows, doors and walls separating the lot with another part of the same lot are lot property.
The owners corporations primary maintenance and repair obligations do not require, or permit, the owners corporation to replace those windows, doors and walls that are lot property. If the owners corporation is proposing to undertake works to the lot property windows, doors or walls, they should consider entering into a short agreement with each of the willing owners and should consider obtaining legal advice.
Matthew Jenkins
Bannermans Lawyers
E: enquiries@bannermans.com.au
P: 02 9929 0226
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