Question: Are external windows, including hardware, common property? I am struggling to find specific inclusions in my strata plan.
The hardware on the external windows of my apartment is starting to fail. Are external windows, including hardware, common property? I am struggling to find specific inclusions in my strata plan. Our strata manager defaults to “not common property,” and it’s up to owners to prove it is.
Answer: It would appear reasonable for owners to maintain their window hardware.
You are likely privately responsible for maintenance of the hardware.
Window hardware won’t be specifically referenced in your plan of subdivision. If the boundary of the wall where the window lies is either ‘exterior face’ or ‘median line’, the hardware is yours to repair. If the wall boundary is ‘interior face’, there may be an argument that the OC is responsible for the hardware.
You should check the OC’s Rules to see whether there are any references to window hardware.
Putting aside boundaries and technicalities, from a practical perspective it would appear reasonable for each owner to maintain their window hardware. There are a number of reasons for this:
- The OC has no control over how unit occupants operate the hardware. How would you feel about contributing to the repair of someone else’s hardware the occupant had misused?
- From a routine maintenance perspective, it is not practical for the OC to have to organise entry to every unit periodically to perform such maintenance.
- Other owners do not derive a benefit from the hardware in your unit.
So, in short, I suggest arranging repair of your window hardware privately.
This post appears in the November 2024 edition of The VIC Strata Magazine.
Callum Wilson The Strata Shepherd E: info@thestratashepherd.com.au P: 0431 925 908