Disputes around windows and doors are one of the most common issues in Sectional Title schemes. Owners often believe the Body Corporate should carry the cost, while Trustees may take a different view. The result is uncertainty, delays, and frustration.
Understanding how responsibility is determined can help clarify these situations and avoid unnecessary conflict.
Understanding how responsibility is determined can help clarify these situations and avoid unnecessary conflict.
Understanding the Boundary
Responsibility in Sectional Title schemes is determined by the median line principle, which defines the boundary between a section and common property.
This is an imaginary line running through the centre of walls:
This principle applies to all boundary structures, including windows and doors.
Why Windows and Doors Cause Confusion
Windows and doors are located within exterior walls, which means they sit directly on the boundary between the section and common property.
As a result:
In practice, this often results in a shared responsibility, which is why these items frequently give rise to disputes.
How Responsibility Is Applied in Practice
Windows and doors are made up of multiple components, such as frames, glass, seals, handles, hinges, and sliding mechanisms. These components do not always align neatly with the boundary.
For example:
In many cases:
Each situation should be assessed based on the location of the issue and the nature of the component involved.
Maintenance vs Replacement
Over time, windows and doors may deteriorate and require replacement. At this point, it is important to distinguish between maintenance and an improvement to common property.
Maintenance (repair by replacement) refers to:
Improvement to common property occurs where:
For example:
Approval Requirements
Where a replacement constitutes an improvement, the correct approval process must be followed.
This typically involves:
Importantly:
Owners may not alter exterior windows or doors without approval, even if the change appears minor.
Who Pays?
Because windows and doors form part of both the section and common property, the cost of repairs or replacement is often shared between the owner and the Body Corporate.
However, this is not a fixed rule. Responsibility may vary depending on:
Each situation must therefore be considered on its own facts.
Final Thoughts
Windows and doors are unique in Sectional Title schemes because they sit on the boundary between private and shared property. This is what makes responsibility less straightforward than it may initially seem.
As a general guide:
Where uncertainty exists, it is always advisable to:
Taking a consistent and informed approach will help avoid disputes and ensure that maintenance is dealt with fairly and effectively.
Responsibility in Sectional Title schemes is determined by the median line principle, which defines the boundary between a section and common property.
This is an imaginary line running through the centre of walls:
- The inner half forms part of the section (owner’s responsibility)
- The outer half forms part of common property (Body Corporate’s responsibility)
This principle applies to all boundary structures, including windows and doors.
Why Windows and Doors Cause Confusion
Windows and doors are located within exterior walls, which means they sit directly on the boundary between the section and common property.
As a result:
- The owner is responsible for the internal portion
- The Body Corporate is responsible for the external portion
In practice, this often results in a shared responsibility, which is why these items frequently give rise to disputes.
How Responsibility Is Applied in Practice
Windows and doors are made up of multiple components, such as frames, glass, seals, handles, hinges, and sliding mechanisms. These components do not always align neatly with the boundary.
For example:
- Handles and locks are typically positioned on the inside
- Seals and weatherproofing elements are usually on the outside
- Tracks and frames often span both sides of the boundary
In many cases:
- Structural elements and external components fall under the Body Corporate
- Internal components, hardware, and mechanisms are treated as the owner’s responsibility
Each situation should be assessed based on the location of the issue and the nature of the component involved.
Maintenance vs Replacement
Over time, windows and doors may deteriorate and require replacement. At this point, it is important to distinguish between maintenance and an improvement to common property.
Maintenance (repair by replacement) refers to:
- Like-for-like replacement
- Work that restores the original function
- No material change in design or appearance
Improvement to common property occurs where:
- The design, material, or appearance is changed
- The structure is upgraded or enhanced
- The uniformity of the scheme is affected
For example:
- Replacing wooden frames with similar wooden frames → maintenance
- Replacing wooden frames with aluminium → improvement
Approval Requirements
Where a replacement constitutes an improvement, the correct approval process must be followed.
This typically involves:
- Notifying all owners
- Providing details of the proposed work and costs
- Allowing owners an opportunity to object or request a meeting
Importantly:
Owners may not alter exterior windows or doors without approval, even if the change appears minor.
Who Pays?
Because windows and doors form part of both the section and common property, the cost of repairs or replacement is often shared between the owner and the Body Corporate.
However, this is not a fixed rule. Responsibility may vary depending on:
- Where the damage is located (internal vs external)
- The specific component involved
- The cause of the damage (e.g. wear and tear vs negligence)
- The scheme’s rules
Each situation must therefore be considered on its own facts.
Final Thoughts
Windows and doors are unique in Sectional Title schemes because they sit on the boundary between private and shared property. This is what makes responsibility less straightforward than it may initially seem.
As a general guide:
- Internal issues are usually the owner’s responsibility
- External issues are usually the Body Corporate’s responsibility
- Some costs may be shared, depending on the circumstances
Where uncertainty exists, it is always advisable to:
- Check the sectional plan
- Review the scheme rules
- Follow the correct approval process
Taking a consistent and informed approach will help avoid disputes and ensure that maintenance is dealt with fairly and effectively.