Body Corp making us replace external windows

In Vic.

Ok another fun one. This is in Vic for any rules / regs that apply. Cut a long story short the body corporate is asking over the next 2/3 years that all owners replace all their outside wooden framed windows with aluminium ones. Depending on how many external windows you have, this may cost up to $10,000.

Reasoning is that recently in storms etc some people that have left their timber windows open and they have shattered due to the frame being rotten and glass has fallen down to common areas below.

My understanding in Vic is that external windows are the responsibility of the OC. When I mentioned that she said yes, but a few years ago some of the owners decided to do it themselves and therefore she believes this has set a precedent that now all owners must pay to get them replaced.

Last night talking to a committee member she said they want to get the windows at the rear of the building done soon as a tree is being removed. We have two fairly large windows from each of the bedrooms that would need to be replaced with aluminium ones.

All our windows have been re-painted recently before we bought the property and are all in good condition with no signs of rotting.

I am no lawyer (have only done basic contract law) however I believe they have no valid grounds to force the owners to do this and pay for it. In my view it should either be done on an individual basis as required after inspection or through a special levy.

Are the OC within their rights to do this or would it be a valid case with VCAT?

What happens if we refuse ? could they potentially try and take us to VCAT as well?
 
.... the body corporate is asking over the next 2/3 years that all owners replace all their outside wooden framed windows with aluminium ones. Depending on how many external windows you have, this may cost up to $10,000.
Replacement of wood for aluminum is an upgrade, BC is only required to maintain or replace like for like and not let the building deteriorate. A 2-3 year time frame sounds reasonable for the BC to raise special levies to cover the cost.


Reasoning is that recently in storms etc ...timber windows ... have shattered due to the frame being rotten and glass has fallen down to common areas below.

Both are valid maintenance and safety issues.

My understanding in Vic is that external windows are the responsibility of the OC. When I mentioned that she said yes, but a few years ago some of the owners decided to do it themselves and therefore she believes this has set a precedent that now all owners must pay to get them replaced.

By the BC passing the buck, there is the likelihood that of the 10 units in the building each will have different windows :eek: Who will future owners go to if the windows leak? or fall out? I don't believe that the BC has the power to direct individual owners to replace the windows as they are part of the common property.

The fact that some owners have breached the strata act doesn't set a precedent that all of the other owners must also breach the act.

The question needs to be asked why isn't BC doing it as this affects all units?

Last night talking to a committee member she said they want to get the windows at the rear of the building done soon as a tree is being removed.

The BC wants them done, let them.

All our windows have been re-painted recently before we bought the property and are all in good condition with no signs of rotting.

Irrelevant as the BC should be doing the work.

I am no lawyer (have only done basic contract law) however I believe they have no valid grounds to force the owners to do this and pay for it. In my view it should either be done on an individual basis as required after inspection or through a special levy.

Are the OC within their rights to do this or would it be a valid case with VCAT?

What happens if we refuse ? could they potentially try and take us to VCAT as well?

If BC raise a levy, you are paying for the windows on a unit entitlement basis not individual costs.

BC can only impose a levy, voted for at the AGM or special meeting. No case to answer at Vcat.
 
By the BC passing the buck, there is the likelihood that of the 10 units in the building each will have different windows :eek:

I was thinking the same thing.... pretty stupid of the BC to suggest all owners replace at their own cost.

It just opens up to different styles and quality of windows.

The BC should have all windows changed so its consistent, create a special levy to cover it. Or take out a loan and increase strata costs to cover the P&I repayments.
 
Thks for all the replies. The BC has specified a manufacturer / supplier and colour as well so each owner uses the same windows and therefore there is a uniform appearance.

They are asking us to do 2 of the bedroom windows at the rear of the building first as they are removing a tree situated there.

They have gone with aluminium to avoid causing the same issue in the future re the frames rotting.

Shoudn't this be part of the sinking or maintenance fund?

I will check section 32 to see who owns the Windows.

In the meantime I will refuse any request. On a separate note as per my other post they are also being a pain in the a.. re installing air conditioning.
 
Just remember if you did actually replace your windows at your cost and then another unit refuses and takes it to VCAT and wins then you will have to contribute to their cost of replacement.

You will not reimbursed for the replacement of your windows.

Cheers
 
Serendip - I think that is the approach they are taking

Handyandy - not sure what you mean here, imho if owners decided to replace at their cost that was their choice and should not bind other owners.
 
The replacement of windows IS a BC cost (ie you are part of the BC, so it is your shared cost). If some of the owners are paying to replace the windows, and others then refuse, it is likely that the BC will have to pay to replace the windows of those who haven't replaced - so you get to pay TWICE.

Owners do not have the choice to replace the windows, it is a BC decision (made at the AGM and part of the special levies or sinking fund if run properly). That way, all owners have voted to replace the windows, all owners are committed to raising the funds, all windows are replaced either in stages or simulataneously, the building appearance remains uniform.

By leaving the decision in the hands of individual owners, the BC is treading on dangerous ground regarding future maintenance, leaks, bad workmanship, material availability etc. There is also no power to compel an owner to replace the windows.
 
The risk is also that the windows in the common areas eg entry doors, external laundries, cleaners room etc won't have been replaced as they are no-one's responsibility.
 
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