Strata Window Replacement

Hi - Ours is an old walk-up unit block built in 1976 thats looking to replace windows. An owner had in early 2000 enclosed the balcony and got rid of sliding door so it became part of the lounge room.

As the strata is replacing windows/doors, we had proposed to the owner that they pay anything above the cost of the sliding door to be fair to the other owners. The owner however doesn't agrees and the strata hasn't got the documents to prove that the liability of that improvement was sitting with the owner and not strata responsibility.

Wonder whats the opinion here and legally where it may stand? The cost difference is about $1.5k

 

Well what's the approval status of the enclosed balcony?

 

Suppose it was approved by Strata to put balcony enclosure 2 decades back. Information supporting that approval is not avlble with the strata mgr

 

So short of anything expressly on the strata plan, bylaws or approvals to the contrary, isn't it common property now?

 

Reinstate the sliding door then tell the occupants to apply for a modification if they want to get rid of it.

The NSW strata act notes a date where windows are the responsibility of the lot owner - review the act and act accordingly.

 

Has the OC requested a copy of the DA under an FOI from council?

 

Balcony is but will the improvements on the balcony that were done and paid by the owner for their own enjoyment and utilisation - do they become strata responsibility?

 

Not yet but we can - will the DA have info on whose responsibility it is? Clarifying as i dont know.

 

The DA, if there is one, will have the strata's signature or a consent to lodge, it may even have conditions attached.

 

ok thank you

 

As a default position? Probably.

The strata will probably need legal advice.