This article discusses strata window replacement responsibility, clarifying who must repair or replace modified windows in older strata buildings and whether uniform replacement is required.
Question: In our ageing strata block, the windows in one unit were modified at some point. Some of these windows now need repairs. Should we replace all windows for uniformity? Is this the responsibility of the owners corporation or the current owner?
Our small strata block was formed shortly after the strata law was passed in the 1960s. At some point, the original timber windows were removed from one of the units. We have no record of the change. Four of these windows need repairing or replacing. Our strata management insists we replace all 11 windows in the flat with the original timber sash windows. This will be costly as the windows must be specially made.
Is the owners corporation required to retrofit windows that have been in place for up to 50 years, or can we replace the damaged windows with similar ones to what is currently in place? Our building is not heritage listed.
Answer: If you cannot ascertain who replaced the windows after registration of the strata plan, the responsibility for their repair or replacement likely will fall on the owners corporation.
The owners corporation has a strict duty to repair and maintain the common property under section 106 of the Strata Schemes Management Act 2015. I assume no by-laws relate to the repair and maintenance of the windows in question.
If it cannot be ascertained who (lot owner or owners corporation) replaced the windows after registration of the strata plan, the responsibility for their repair or replacement likely will fall on the owners corporation. This is particularly so, given the length of time they have been in situ.
The duty to repair and maintain (including replacement) is just that. The owners corporation is not required to repair and maintain (or replace) common property that is not in disrepair. However, I can understand why the owners corporation would want to replace all of the windows if it is due to appearance and uniformity.
This post appears in the October 2023 edition of The NSW Strata Magazine.
Matthew Jenkins Bannermans Lawyers E: enquiries@bannermans.com.au P: 02 9929 0226