In strata life, residents and property managers have a partial responsibility in ensuring property is maintained. The question of who is going to repair the broken windows is one of the most widespread problems that can appear. Although this may be assumed to be a simple matter, in some cases, the task can be so complicated as a result of the joint ownership of strata and diverse regulations applicable to different properties.
Understanding who is responsible for broken windows in strata settings
What causes broken windows in strata?
The broken windows in strata can be due to various reasons in strata communities. However, the cause of the damage should be known first before responsibility is established. Normal causes of broken windows are:
- Accidental damages: Accidental damage may happen when a resident or other visitor accidentally breaks the window trying to move a piece of furniture with her/his hands or performing another activity.
- Vandalism: Vandalism that can include window vandalism through throwing objects at the windows can be damaging.
- Weather conditions: There are chances of window breaking in case of severe weather conditions (i.e. storm, hail and the like).
- Wear and tear: The windows may be weakened or more vulnerable to damage from daily events over time.
How to determine who is responsible for broken windows
The broken windows burden in the strata is reliant on the ownership and the rules of the strata. Some of the main considerations in determining responsibility are as below:
- Common property versus individual property: Generally, the responsibility of windows which form part of a common property is that of the body corporate, and the responsibility of windows which form part of individual units is that of an owner of a unit.
- Strata bylaws: Strata bylaws have clear guidelines in regard to the passage of maintenance responsibilities. These regulations usually specify who does and does not do repairs and what a particular area is individually or communally owned.
- Cause of the damage: In case the damage is as a result of the negligence of an individual or a visitor, the person concerned might be asked to pay the costs of repair. But when the harm is caused by an external condition such as the weather condition or even vandalism aimed at the property, the body corporate may assume the liability.
Who is responsible for repairing broken windows?
Knowing the factors, the different scenarios, and those who customarily carry the responsibility of repairing broken windows, are, now, as follows:
- The common property windows: In case the window is a common property, the body corporate is liable for the repair of the window. It includes window corridors, stairways, or exterior.
- Individual unit windows: In case the window is that of a particular unit, the owner of the unit is expected to do the repair. This includes windows in the unit, such as in the living room or the bedrooms.
- Vandalism or weather damage: In cases of vandalism or weather damage, the body corporate can pay the cost of repairing the damage, as such factors are not in the control of individual unit owners.
Steps to take when a window is broken
If the window breaks at your strata property, the next steps that you should take are:
- Assess the damage: Decision on the level of the damage. Is it a half crack or is it a window shattered off?
- Notify the property manager: When the damage is on a common property, the property manager or the body corporate should be called and told about the issue.
- Review the strata bylaws: The bylaws should be examined so as to determine who would carry out the repair. This will assist in knowing who is to do the repair, yourself or the body corporate.
Conclusion
The problem of broken windows in the strata properties is that it will also depend not only on the kind of property but also on the strata bylaws and the purpose of the broken window. The strata bylaws are always good to be consulted and the property manager should be approached so that the issue can be ironed out to prevent any further misunderstanding in the society.
