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I recently purchased an apartment which is located in a circa 1970 built block. During the recent high winds, the bedroom window was noticeably rattling – as if the glass pane is loose – so much so, I thought it would blow out or shatter based on the loud cracking noise that resulted whenever the strong winds hit the window. I slept on the lounge as the noise was quite frightening.
I contacted the Strata Manager the next morning and was told that the window is not classified as common property and any maintenance would be the owner’s responsibility.
On speaking with a friend who owns an apartment in an even older block (1960s) that recently had all the windows replaced and paid for by Strata, I’m querying whether the advice I received from my Strata Manager is indeed correct.
Looking forward to the learned views of the Flat Chat forum.
Many thanks in advance.
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Your windows in a pre-1974 block are probably lot property (your responsibility) unless at some point the building has passed a resolution subsuming them into common property. Check your by-laws.
Your friend’s building may have done this, or be company title, or have just decided to do it as it was easier than getting everyone to pay for their own.
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.
In 1974 strata law in NSW was changed to redefine common property from being everything outside the mid-line of the external walls to everything outside the inner surface on the outer walls. Thus, windows, sliding balcony doors and entry doors went from being lot property to common property for buildings completed after that date.
Have a look at this post on the LookupStrata website which pretty much explains everything.
And, yes, establish the true age of your apartment block. And yes, ask the strata manager (politely) to explain their thinking.
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.
And just to expand on my previous comment about the 1960s building where “the strata” paid for all the windows to be replaced, there’s a couple of things to remember.
“The strata”, or owners corporation, is all the owners, so by replacing all the windows, all the owners are paying for it. It’s not a freebie from an anonymous body. Your friend still paid, but through their levies.
Also, by replacing all the windows at the same time, the owners would have been able to negotiate a much lower cost than if they had all done it individually, so it makes sense from that perspective. Also it would have guaranteed uniformity of appearance, so that’s another plus.
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.
Have a look at the SP number
1 – 8539 = Pre 1974
8540 + 1974 on
If the windows are wooden framed, squeezing putty into the gap between the glass and frame will stop the rattling.
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