Owning a property within an owners corporation (OC), also known as a body corporate or strata scheme, comes with shared obligations, particularly around repairs and ongoing maintenance.
Within these properties, there will be windows that form part of individual lots, as well as shared common areas, such as entryways, hallways, or stairways. This often raises questions such as who is responsible for fixing broken windows.
Responsibility for costs can be tricky to navigate, as they’re divided between individual lot owners and the owners’ corporation, and the correct answer depends on your property’s specific boundaries, rules, and strata plan. The Owners Corporation Act 2006 outlines these duties in detail, and your Owners Corporation Manager can clarify anything you’re unsure about, as they hold the OC records and understand the Plan of Subdivision and building structure.
Understanding these distinctions up front helps prevent disputes, delays, and unexpected costs. This article explains how responsibility for broken windows is determined within an OC.
Why Lot Boundaries Matter for Window Repairs
When determining who is responsible for repairing or replacing broken windows, lot boundaries are the starting point.
Window repairs can be expensive, so the OC needs to check the lot boundary information on the Plan of Subdivision (PoS) or strata plan before authorising any work. If the OC carries out repairs to windows on private property, it may create financial and legal complications.
Understanding Window Boundaries: Three Possibilities
Lot boundaries for windows generally fall into one of three categories:
- Interior face
- Median (shared) face
- External face
These boundary definitions determine legal responsibility:
- If the boundary is a median or interior face, the OC may have responsibilities.
- If the boundary is the external face, the window is typically private property.
The OC is legally obligated to maintain all common areas of the building. This includes any windows or structures located within shared and common areas. When a broken window is situated on a private lot, the OC is generally not responsible, unless an exception applies or authorisation is formally granted.
When Lot Owners Must Take Responsibility
If a lot owner fails to repair a window that forms part of their private property, the OC can issue a notice under Section 129 of the Owners Corporation Act 2006 requiring them to fix it, but only if the issue:
- Affects the outward appearance of the lot.
- Impacts the use or enjoyment of other lots or common property.
Under Section 129, a lot owner must:
- Properly maintain in a state of good and serviceable repair any part of the lot that affects the outward appearance of the lot or the use or enjoyment of other lots or the common property.
- Maintain any service that exclusively serves the lot.
What steps should you take if you notice a need for window repair or maintenance in a common area?
While responsibility for window repairs and maintenance can fall to different individuals, it’s everyone’s responsibility to ensure the entire building remains in good condition, including promptly reporting repair needs.
If you notice window repairs or maintenance might be needed in common areas, you can take the following steps:
Step one: Report the issue to your OC, letting them know what the problem is, where it’s located and when you noticed it.
Step two: Follow up if necessary. Some repairs may take longer than others or require specialist intervention, but you should hear back promptly about the steps being taken to address them.
Step three: If the issue is not resolved within a reasonable timeframe, you can follow up or refer it to your local tribunal, such as the Victorian Civil and Administrative Tribunal (VCAT).
What else do you need to consider?
This is a general overview of who is responsible for different window repairs and maintenance, but it’s important to note that there are also state-specific requirements across Australia.
If you’re based in Victoria or New South Wales and are unsure or need guidance, AboveOCM can help. Our expert team is on hand to support you through the process and provide advice on repairs, maintenance, and more.
Contact us today to find out more.
