NSW: Q&A Are Windows Strata Responsibility?

Some lot owners from NSW have questions about the cleaning and repair of windows. Are windows strata responsibility?

Table of Contents:

• QUESTION: Our building is in the process of organising quotes to replace windows and sliding doors in our building.
• QUESTION: When windows are replaced in a residential strata building, do they have to be double glazed or laminated? Can they be replaced with similar windows that comply with AS1288-2006?
• QUESTION: If one owner choses to independently replace windows, will they become liable to contribute to any future special levy raised to pay for the work to be carried out to the remaining units windows?
• QUESTION: Can the Executive Committee pass a special resolution stating lot owners are responsible for the repairs and maintenance of their windows and doors?
• QUESTION: One of the lot owners of our apartment complex raised the question of who should pay for the cleaning of the exterior glass panel windows?
• QUESTION: Is the owners corporation responsible for replacing consumables such as rollers, flyscreens and window seals, as a result of age or does this cost usually fall on the owner?

Question: Our building is in the process of organising quotes to replace windows and sliding doors in our building.

We are a four lot strata scheme in the process of organising quotes to replace windows and sliding doors in our building.

How are costs of the project divided between lot owners?

If some lot owners want extras such as fly screens and security doors, should these items be included in the works and charged on an individual basis?

Do we need to engage a project manager or engineer to oversee the works or should we rely on the contractor for this service?

Answer: Having a suitably qualified person prepare a scope to work, assess the offers and supervise the work would always be in the owner’s best interest, provided they are comfortable with that level of additional expense.

Costs incurred by the strata scheme are apportioned to the individual lots on the basis of the unit entitlement, in the same way, that levies are calculated.

That said, depending on the date of the registration of the strata scheme, anything inside the balcony may not be deemed to be common property.

If the scheme was registered prior to 1974, anything inside the balcony, including the balcony door is not considered to be common property and the lot owner would responsible for the cost of replacing the door.

If owners decide to include additional items like screens, security doors or other options in the main contract or make individual owners responsible for these costs, it’s entirely up to the owners to decide what works best. The downside to the strata scheme paying for these extras is that any maintenance of those items would become the responsibility of the strata scheme.

The installation of replacement windows and doors should be a relatively straightforward matter depending on the age of the building, however having a suitably qualified person prepare a scope of work, assess the offers and supervise the work would always be in the owner’s best interest, provided they are comfortable with that level of additional expense.

Gary Stevenson
Windowline
E: [email protected]
P: 02 8304 6400

This post appears in the September 2022 edition of The NSW Strata Magazine.

Question: When windows are replaced in a residential strata building, do they have to be double glazed or laminated? Can they be replaced with similar windows that comply with AS1288-2006?

Answer: A BASIX [building sustainability index] report may be required and this report may specify some improvements in the performance of the glazing

The replacement of windows in a residential strata scheme typically does not require any improvements to the glazing, other than compliance with the current requirements of AS1288 [the Australian Glazing Standard], with respect to the design wind-loads and human impact considerations.

Improvements to the thermal performance of the glazing may however be necessary if development consent is required, as the replacement of windows in a residential strata scheme is typically an exempt development and therefore does not require council approval.

Should the works for whatever reason require council approval, a BASIX [building sustainability index] report will be required and this report may specify some improvements in the performance of the glazing, to meet the desired outcome in relation to thermal performance.

Measures specified to reach the thermal performance requirements may include, double or single glazing and or some form of thermally efficient glass [or both,] these solutions may also incorporate a laminated glass product.

Clear laminated glass would typically not be specified, as while it does reduce the transmittance of UV light, it however does not filter infrared light, so does nothing to enhance thermal performance.

Gary Stevenson
Windowline
E: [email protected]
P: 02 8304 6400

This post appears in the June 2021 edition of The NSW Strata Magazine.

Question: If one owner chooses to independently replace windows, will they become liable to contribute to any future special levy raised to pay for the work to be carried out to the remaining units windows?

The AGM at our Strata property was held today and it was agreed that quotes be obtained for the replacement of aluminium windows and doors.

The property was built 45 yrs ago. There are 12 lots on the title and the cost will be around $160,000 so about $13000.00 per unit.

If only one owner wishes to undergo this work, and obtains body corporate approval for the work to proceed, pays for the replacement windows and doors from his/her own funds, will the owner then becomes liable to contribute to any future special levy raised to pay for the work to be carried out to the remaining 11 units?

Answer: If a single owner wanted to undertake the work, they would need to seek general meeting approval and would take out a by-law. Potentially the by-law could also insulate them from meeting the cost of the windows and doors to other lots.

It wouldn’t be a good scenario to have one owner undertake the work. Windows and doors are an integral part of common property and a very much a liability if they are close to needing replacement.

If a single owner wanted to undertake the work, they would need to seek general meeting approval and would take out a by-law. Potentially the by-law could also insulate them from meeting the cost of the windows and doors to other lots (but to my mind, that would require the consent of all owners as it would be effectively granting exclusive use of the windows/doors to that owner and then the remaining windows/doors to the other owners).

Having one owner undertake the work isn’t advisable. The owners corporation is best of doing the work as a single project (and keeping the windows/doors part of common property ) and borrowing the money from a strata finance provider such as Strata Loans, Lannock or Macquarie if they don’t want to raise the money quickly by way of special levies.

The only spanner to throw in the works is that if the building is pre 1974 and thus doors and windows leading onto a balcony may not form part of common property: Pre 1974 plans

Andrew Terrell
Bright & Duggan
E: [email protected]
P: 02 9902 7100

This post appears in the September 2020 edition of The NSW Strata Magazine.

Question: Can the Executive Committee pass a special resolution stating lot owners are responsible for the repairs and maintenance of their windows and doors?

Can the Executive Committee pass a special resolution stating all lot owners are responsible for the repairs and maintenance of their windows and doors, absolving them of the responsibility?

If this is legal and the special resolution is passed, do I have to comply even though I do not agree with the decision?

Answer: The Executive Committee doesn’t have the ability to make any type of resolution other than a majority resolution and doesn’t have any right to make changes to common property.

The Executive Committee doesn’t have the ability to make any type of resolution other than a majority resolution and doesn’t have any right to make changes to common property.

Assuming it’s the owners corporation at a general meeting wanting to make such a change, it’s my view that the owners corporation would have to:

• Pass a special resolution in accordance with S106(3) that it is inappropriate for the owners corporation to maintain and repair the windows and doors.
• Pass a by-law under S108 giving that the owners of lots must maintain the windows and doors of their lots. The by-law would need the consent of every lot owner burdened/benefitted by the by-law in accordance with S108(5).

There’s little reason I can think of where an owners corporation would look to do this (for any other reason than avoiding the cost of maintenance).

Given that windows and doors are part of the structure of the building and a large part of the appearance of the scheme I don’t believe S106(3) would be met –

2. its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.

If the owners corporation pass motions per the above, I believe it would be easily challenged at the tribunal or the court system. It would not be well advised of them to do so and they should consult a solicitor.

Andrew Terrell
Bright & Duggan
E: [email protected]
P: 02 9902 7100

This post appears in Strata News #254.

Question: One of the lot owners of our apartment complex raised the question of who should pay for the cleaning of the exterior glass panel windows?

One of the lot owners of our apartment complex raised the question of are windows strata responsibility and who should pay for the cleaning of the exterior glass panel windows?

Our apartment complex is registered with the Land Titles Office prior to 1 July 1974. Our Strata Manager is adamant that regardless when the Strata Plan is registered, the Owners Corporation are responsible for the costs of exterior window cleaning to all apartments.

Are windows strata responsibility? If not, what would be the best way to address this matter with all Lot Owners in our Strata Complex?

Answer: The owners corporation has an obligation to repair and maintain (clean) common property.

The owners corporation has an obligation to repair and maintain (clean) common property.

There’s nothing in the question that tells me the windows are not common property and as such, the owners corporation are obligated to clean the windows.

I further note that sometimes a by-law will be introduced at a scheme giving that owners / occupants are responsible for cleaning ‘accessible’ windows, which is a reasonable approach – i.e. those which can be easily reached from a balcony without any danger.

We would suggest that owners corporations have a regular regime of cleaning inaccessible windows, which might be annually or more routine if the building is coastal or on a major road.

As the scheme was registered prior to 1974, you may wish to read this article: NSW: Pre 1974 Schemes and the Centre Line Rule

This article doesn’t change my view on cleaning as inaccessible windows pre 1974 likely still remain common property.

The owners corporation should seek specific advice as, if pre-1974, the plan will need to be reviewed.

Andrew Terrell
Bright & Duggan
E: [email protected]
P: 02 9902 7100

Question: Is the owners corporation responsible for replacing consumables such as rollers, flyscreens and window seals, as a result of age or does this cost usually fall on the owner?

Answer: If the fly screens are original, they will fall on the owners corporation to maintain.

The owners corporation is responsible for maintaining window consumable (rollers, sashes, etc) provided the windows do not fall under the remit of the relevant owner under an exclusive-use by-law (it’s pretty rare that they would but not out of the question).

If the fly screens are original, they will fall on the owners corporation to maintain.

Andrew Terrell
Bright & Duggan
E: [email protected]
P: 02 9902 7100

This post appears in Strata News #204.

Have a question the cleaning or repair of windows in apartments or something to add to the article? Leave a comment below.

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This article is for reference purposes only and is not intended to be a comprehensive review of the developments in the law and practice or to cover all aspect of the subject matter. It does not constitute legal or other advice and should not be relied upon this way. Readers should take legal or other advice before applying the information containing in this publication.

Read Next:

• The Guide to Child Safety Window Locks Legislation NSW
• NSW: Q&A Are Windows Strata Responsibility?

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