Owners Corp - Forced Replacement of Windows etc?

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  [Deactivated] on 29/11/2020 - 18:29

  What do the bylaws say?

  If it is all covered and allowed under the bylaws, then the damage was done when the decision to purchase the property was made.

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  garetz on 29/11/2020 - 18:38

  +2

  Vote against it ?

  Who actually made the request, also ask why strata is taking on responsibility of replacing the balcony doors and all the windows when it is not common property under the strata scheme act.

  It should be considered private property then strata has no right to interfere with it in any way.

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  jjjaar on 29/11/2020 - 19:26

  Raise the issue that all units are not equal and everyone should pay for their own if required to upgrade (ie if other unit owners have replaced them recently they should also not be required to re upgrade)

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  brendanm on 29/11/2020 - 19:35

  +4

  As the original strata scheme was registered prior to 01 Jul 1974, balcony walls (including windows and doors and working parts) are part of the lot and the lot owners responsibility - i.e. not common property

  If this is the case, on what grounds are they trying to get you to pony up for others windows/doors?

  • 

    Jinster on 30/11/2020 - 17:48

    Exactly. It's far likely that the OP is wrong in his understanding of the subdivisions.

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  Agarwal on 29/11/2020 - 19:38

  +7

  Just tell them No Way, Jose.

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  Meho2026 on 29/11/2020 - 19:55

  +5

  The cost shouldn’t be divided equally, it should be divided using the unit entitlement of each lot. That’s they same way the levies are calculated.

  You need to contact the strata manager and point out that the facts with the pre 1974 rules and that everyone has to pay for their own and the committee doesn’t have the authority to do anything different. Tell them you will take them to Fair Trading if this goes any further.

  Failing that You need to ask that the executive committee get 2 quotes, one for replacing all the windows and one for replacing all the balcony doors except yours.
  That way the balcony door cost and be split between the other lots and you only pay your entitlement share of the windows.

  You need to get on that executive committee. Find out when the next AGM is and nominate yourself. That way you have a chance of stopping anything crazy like this happening.

  Executive committee members have a duty to do what’s best for the building but a lot of them manipulate things to their own advantage.
  It’s likely there’s someone on the committee that wants new windows but owns a larger unit with a bigger unit entitlement. By proposing all windows and doors are changed and the cost shared equally provides financial advantage to them.

  • 

    Jinster on 30/11/2020 - 17:52

    -1

    Costs aren't shared equally. Costs are apportioned per lot liability, which is usually proportional to unit size - if they benefit more, they also pay more.

    There are also rules that govern how much can be spent before an AGM/SGM is required for a Special Resolution with at least 50% interim approval.

    The OP needs to read the rules - both the subdivision plans and the OC Act, to have a chance at successfully arguing his case. This isn't something we can help him with remotely.

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  JoseR on 29/11/2020 - 20:20

  Some great ideas over the last 2 hours, thank you very much for the replies. Certainly gives some further avenues for investigation.
  Happy to hear further comments! Jose

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  SF3 on 29/11/2020 - 22:21

  Join your body/owners corp, have your say.

  You have to make changes from the inside.

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  Jinster on 30/11/2020 - 17:38

  I am on 3 strata committees.

  It sounds like you have understood the situation incorrectly.

  If indeed the windows and doors belong to you, then the OC cannot force you to replace them. Nor would the OC have any power to even talk about a "wholesale refurbishment" of all the windows. In this scenario, simply point out to the OC that they are wrong - show them the subdivision wording (which would need to state the boundary lines of units are exterior to the walls).

  It is more likely that your understanding of the boundary lines is incorrect. The boundary line is likely to be either midline in the wall (you and OC split own the wall, door, windows), or interior to the wall (OC wholly owns the wall, door, windows). In this scenario, you should have asked the OC about changing the windows - they weren't yours to change. Accept this fact: that it was your mistake in the first place. Once you accept this, you can then begin to direct your efforts in the right direction to remedy this to your benefit.

  Know that the OC/OCC isn't adversarial to you. OC is a gathering of all the owners and the OCC is there to help administer common property. So if you did a good job with your renovation and its substance and style is something roughly in line with what the OC would be happy with, then you can entirely negotiate with the OC to opt out of paying for the wholesale renovation. There is a clause of "sole benefit" that would work in your favour.

  If this is a large OC and there are people unhappy with what your did - in terms of appearance and substance, and you didn't ask for permission for first, then you are out of luck. If the boundary lines aren't external, you have singlehandedly renovated something that doesn't fully belong to you….. You can try to convince the OC that what you did was adequate and that in fact the whole OC should approach all the windows/doors the same way you did. So it comes down to your negotiation skills.

  It's time to read your plans of subdivision and also the OC Act and sharpen up your negotiation skills.

  Remember, the OCC is simply a collection of owners just like you. Nobody is out to get you. So just talk to them nicely and see what you can work out.