Can an owner install fall-safe child safety screens on their windows and let the installer access common property without written approval from the owners corporation?
Several lot owners in our 18 lot strata scheme wish to install fall-safe screens as child window safety devices in their units. The units currently have complying window locks, but these owners believe the screens provide additional protection without needing keys.
Our scheme has a by-law worded the same as the model by-law 2, and we're aware of section 118 of the Strata Schemes Management Act 2015.
- If the screens, once installed, are in keeping with the appearance of the rest of the building, is the owner within their rights to install them without written permission from the owners corporation?
- Can the owner, or the licensed trade installer, access common property (for example, a car park) to safely install the screens without written approval from the owners corporation?
An owner can generally install fall-safe window screens without written approval, provided the installation doesn’t affect the building’s external appearance.
If the scheme has a registered by-law that is the same or similar to by-law 2 of the model by-laws found in Schedule 3 of the Strata Schemes Management Regulation 2016, titled "Changes to common property," the owner is within their rights to install a screen without the need for written permission from the owners corporation, provided that the installation does not affect the external appearance of the windows. The by-law allows an owner to install any screen or other device to prevent animals or insects from entering the lot, or any structure or device to prevent harm to children. Please note that the owner who installs the screen will be deemed responsible for repairing and maintaining the screen under the model by-law. Such installation does not contravene section 118 of the Strata Schemes Management Act 2015.
The common property is for the use of the owners, occupiers and their invitees. Unless the contractor, as an invitee of the owner, obstructs the common property or contravenes the scheme's by-laws, there should be no issues with the contractor installing the screens.
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