Bodies Corporate News 2006.11.20

WHO PAYS FOR WINDOWS?

“We would like to know who is responsible for replacing wood window frames with aluminium in our sectional title block. Is it the insurance company, the respective owners of the sections, the body corporate or a 50/50 division between the owner and body corporate?”

The reader did not mention the reason for the replacement of the windows frames which could very well influence the answer to his query. I assume that the replacement of the windows and frames is due to normal wear and tear. The replacement of wood frames usually occurs in the following instances:

• Buildings used for holiday purposes that are not permanently occupied;
• Buildings close to the sea;
• Buildings where maintenance has been neglected in the past.

Replacement of wood frames with aluminium comes at a cost. The rationale behind it is that the saving in future maintenance on the aluminium frames will more than make up for the extra expenditure. It should, however, be borne in mind that metal frames also present peculiar problems in the long term.

To return to the specific question, the insurance company can immediately be eliminated. Insurance only covers loss caused by physical damage such as storm damage.

Accordingly the financial responsibility lies somewhere between the owner and the body corporate and the answer depends on what theory, with regards the boundaries of sections and common property, is supported. The theory that we support is that the boundary between the section and the common property is the median line of the boundary wall including all permanent structures (such as windows, doors etc.) therein. This means that the median line diverts at every structure so that the interior half of the structure would always be part of the section whilst the exterior half is common property.

When the need arises to replace a window frame it could be argued that the cause is neglect by the body corporate to perform proper maintenance. However, an owner cannot sit idly and watch his window frames deteriorate. He is a member of the body corporate and should take active steps to ensure that proper maintenance is done.

Taking the above into consideration a general replacement project can be funded by dividing the costs between the body corporate (special levy or reserve fund) and the owner of each window allocated as a direct expense. Each party would then be responsible for one-half of the replacement costs.

In our opinion the approach outlined above is the most practical and will ensure the fairest results.