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Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.
What is your Unit entitlement based on the total strata?
The windows are common property and the cost is born by the Owners Corporation and each unit owner contributed as per their entitlements if there is no money in the sinking fund.
Unless you can show personal loss and damage to your personal property you cannot claim against them.
The building is the responsibility of the OC and they have to pay. You each contribute to the maintenance in your levies.
They cannot ask you to pay 50% unless you have 50% of the total unit entitlements.
I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.
If I have assisted please do not forget to leave me with positive feedback.
There are 42 lots, (9 with entitlements and liabilities of only 2) 33 with entitlements and matching liabilities ranging from 167 to 333 totalling 10,000. My apartment has entitlements and liabilities of 257. The OC's explanation for the 50/50 requirement was by way of sending a copy of the plan of subdivision which shows the lot boundary runs through the median of the width of the external walls, thereby dividing the responsibilities between unit owner (internal) and OC (external). The OC say that as the windows are half external and half internal, any replacement is 50/50. Does the title boundary between my unit and common property (median of external walls) change your advice?
Here it is, the words "median of walls floors and ceilings"
Here it is, I'm unit 31:
Thanks, but could you please clarify the relevance of the lot boundary defined as "median of walls floors and ceilings"? This is what the OC relies upon because they say the lot boundary defines that I am responsible for - that is, the building from the lot boundary inwards.
Also, are you able to identify yourself and be engaged by me if this matter escalates with the OC?
Hi, I believe some of the advice above may not be accurate. In NSW it is clear that a windows is part of a wall, and is therefore OC responsibility. In Victoria, it is not as clear cut because a "median" title boundary as described above can be drawn through the walls AND WINDOWS of an external wall to create a sharing of responsibility (and there is no requirement for a sinking fund).
Please clarify the following question: If the ownership of the window is shared by virtue of the title running through the median of the window, could it be said that as the owner made no contribution to the damage to the window frames internally (ie the damage was caused by rain penetration from the outside caused by failure to adequately maintain the exterior of the window which is OC responsibility), notwithstanding the shared ownership, the OC should repair the window at general OC cost as the damage was caused from their side?
Thanks. XXXXX has replaced six window saches for which they want me to pay half of the cost ($8000). They say that because I own half the windows, then the cost is 50/50. My view is that regardless of the unit boundary and ownerships, as they allowed the external surface of the window to deterior to the point of needing to replace the windows, and I caused no damage to the internal surface of the windows, I should not contribute. Please confirm that such an argument would be defendible at VCAT.
The windows are double hung sash windows (two window panes that slide up and down one inside the other). I have a second concern that if I dispute the bill to VCAT and the Tribunal agree that the cost should be apportioned based on the "median of walls", they may even go further based on the property boundary and conclude:
1. The upper sash window, which did not require replacement, sits flush with the outside wall and therefore is the responsibility of the OC.
2. The lower sash window sits flush with the inside wall of the apartment and therefore replacement of this sash is 100% my responsibility as owner.
Is this a danger?