Question: Who is responsible for the maintenance and replacement of frosted film applied to balustrade glass on unit balconies?
Is the body corporate or the lot owner responsible for the maintenance and replacement of frosted film applied to balustrade glass on unit balconies?
Because the balustrades on our privately owned unit balconies are on the boundaries of the lots, the body corporate is responsible for their maintenance. Does that responsibility extends to repair and/or replacement of frosted film that was applied to some of the balcony glass?
Answer: The maintenance responsibility for the frosted film will depend on where the film is located and who applied it to the balcony glass.
In a Scheme created under a building format plan, the Body Corporate is responsible for the maintenance of balustrades on the boundary of a lot and common property.
The maintenance responsibility for the frosted film will depend on where the film is located and who applied it to the balcony glass. For example:
- if the frosted film has been installed on the outside of the balcony glass by either the Body Corporate or the original developer, the Body Corporate will be responsible for the maintenance of the film; and
if the frosted film has been installed on either side of the balcony glass by an owner for their own benefit, the owner will be responsible for the maintenance of the film.
Hayley Gath Mathews Hunt Legal E: hayley.gath@mathewshuntlegal.com.au P: 07 5555 8000