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I live in a building built in 1965. What differences are there for buildings if they strata plan was formed under the 1973 act in terms of the treatment of common property?
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@dyden2099 said:
I live in a building built in 1965. What differences are there for buildings if they strata plan was formed under the 1973 act in terms of the treatment of common property?I believe that the significant difference was the the line between lot property and common property was moved from the middle of external walls to the inside, meaning that windows and balcony doors became common property rather than lot property (as did balconies).
Anyone else know of any other significant changes?
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Hello Jimmy
You’re on the mark (as usual!). There’s a reference here in the Registrar General’s Directions:
https://rgdirections.lpi.nsw.gov.au/strata_schemes/miscellaneous/pre_1974_plans or https://tinyurl.com/ldk8ytx
This takes a slightly different tack, from a retired strata manager, responding to THIS post:
With the greatest respect I find the information you provided in your column not quite correct and this may confuse any readers in relation to repairs/maintenance/replacement of especially sliding doors on balconies. Repair/replacement of balcony sliding door rollers comes to mind.
The 1973 Strata Titles Act started on July 1st., 1974. Strata Plans registered before this date fall under old 1961 act, whereby the common property extends to the outside balcony “wall”, which makes individual owners responsible for repair/maintenance/replacement of a.o. balcony sliding doors.
As a rough guideline Strata Plans numbered before around 8000 are registered under the 1961 Act, Strata Plans numbered around 8000 and above fall under the 1973 Act. The Land Titles Office could probably advise of the correct Strata Plan number registered first under the 1973 Act.
Irrespective of any Act, accidental damage to glass in windows/balcony sliding doors should be covered under the Strata Plan’s insurance policy covering buildings.
Now I’m confused.
@mailbox said:
The 1973 Strata Titles Act started on July 1st., 1974. Strata Plans registered before this date fall under old 1961 act, whereby the common property extends to the outside balcony “wall”, which makes individual owners responsible for repair/maintenance/replacement of a.o. balcony sliding doors.
My understanding was:
whereby the lot property extends to the centre-line of the outside balcony “wall” (=upstand).
Meaning of course that the doors you walk through to get on to the balcony are lot property.
Regarding your “New outlook on old windows” item [in the Sydney Morning Herald-Domain-of 14th/15th. Mar. 2014:- Does the pre-1973 Common Property Line [at the middle of the external walls] apply to ALL pre-1973 strata units? In our case the Body Corp. is responsible for all ext. doors and windows except those that face Balconies which are part of the Strata title. To my knowledge this responsibility has never been formalised.
Also:- Where is the responsibility if the widows/doors occur in the centre of a cavity wall? Trusting you will find time to answer these questions.
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