19/08/2019 at 2:35 pm #40849
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.19/08/2019 at 3:00 pm #40871
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.20/08/2019 at 8:40 am #40876
Many thanks Jimmy-T for your prompt response.
What is the relevance of your reference to a pre-1974 block ? If different rules apply depending on the age of the building, I will obtain proper advice regarding my block as I was going off of the inspection report which only gave an approximation as to when it was built, hence the reference to “… circa 1970s…”.
Also, should I request the Strata Manager to qualify their advice that the windows are not common property – ie. provide the reason/s and include relevant by-laws/legislation, etc.?20/08/2019 at 8:49 am #40902
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.
20/08/2019 at 9:01 am #40908
- This reply was modified 1 month ago by Jimmy-T.
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.21/08/2019 at 1:53 pm #41033
Thanks again for your advice, Jimmy-T. The completeness of your replies is also much appreciated as I navigate the ‘strata-sphere’ 🙂21/08/2019 at 1:53 pm #41037
sleepless in strataFlatchatter(from NSW)
Have a look at the SP number
1 – 8539 = Pre 1974
8540 + 1974 on22/08/2019 at 11:59 pm #41190
Thanks so much, sleepless in strata (me too, of late !)
SP # confirms pre-1974 🙁04/09/2019 at 8:49 am #41708
If the windows are wooden framed, squeezing putty into the gap between the glass and frame will stop the rattling.