Do energy-efficient window upgrades count as sustainability items under the Act?

Windows can either be private, common or 50% private and 50% common, depending on the plan of subdivision. Due to this, we recommend that, as a first step, you check the plan of subdivision and determine who is responsible for replacement.

Section 138b of the Owners Corporation Act 2006 defines a sustainability item as anything that eliminates or reduces a reliance on non-sustainable energy sources. If you are looking to replace your window glass with double glazing, this could be considered a sustainability item. Owners corporations cannot unreasonably prohibit the installation of this item on the exterior of your lot. If you need to replace the frame to undergo these works, this is likely a reasonable request; however, you may need to seek legal advice if it deviates too much. We recommend that you work with your committee to obtain acceptance of your proposal in the first instance.

Alex Smale Melbourne Owners Corporation Services alex@mocs.com.au P: 03 9818 2488